FOBES v. MUTUAL SERVICES CASUALTY INS. CO.

Civ. No. 10149.

321 N.W.2d 490 (1982)

Glenda FOBES, individually and as next friend for Brian Fobes, a minor, Plaintiff and Appellee, v. MUTUAL SERVICES CASUALTY INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of North Dakota.

July 1, 1982.


Attorney(s) appearing for the Case

Pitsenbarger & Miller, Moorhead, Minn., and Conmy, Feste & Bossart, Fargo, for plaintiff and appellee; argued by Keith L. Miller, Moorhead, Minn.

Cahill Law Office, Moorhead, Minn., for defendant and appellant; argued by Steven L. Marquart, Moorhead, Minn.


PEDERSON, Justice.

The disposition of this case is governed by our opinion in a companion case, St. Paul Mercury Insurance Company v. Andrews, 321 N.W.2d 483 (N.D.1982), which we have decided this date.

Glenda Fobes sought a declaration of her right to "stack" basic no-fault benefits under the North Dakota Auto Accident Reparations Act (Ch. 26-41, NDCC), and under two insurance policies issued by Mutual Services Casualty...

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