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DALEY BY DALEY v. AMERICAN FAMILY MUT. INS.

Civ. No. 10622.

355 N.W.2d 812 (1984)

Kyza DALEY, by her next friend, LeRoy DALEY, Plaintiff and Appellee, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of North Dakota.

October 23, 1984.

Attorney(s) appearing for the Case

H.H. Galloway, Grand Forks, for plaintiff and appellee.

Letnes, Marshall, Fiedler & Clapp, Grand Forks, for defendant and appellant; argued by Howard D. Swanson, Grand Forks.

ERICKSTAD, Chief Justice.

American Family Mutual Insurance Company appeals from a judgment in favor of Kyza Daley in the amount of $2,413.99 plus interest. We reverse and remand for a trial by jury.

Kyza Daley initiated this action against American Family on December 10, 1981, alleging that she was an insured under a policy from American Family and that American Family had refused to pay medical expenses for a knee...

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