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PHOENIX ASSUR. CO. OF CANADA v. RUNCK

Civ. No. 10596.

366 N.W.2d 788 (1985)

PHOENIX ASSURANCE COMPANY OF CANADA, Norwich Union Fire Society, Ltd., Royal Insurance Office, and Wawanesa Mutual Insurance Company, Plaintiffs and Appellees, v. Clayton E. RUNCK, Jr. and Herman Sobania, Defendants and Appellants, George Schulz, Defendant.

Supreme Court of North Dakota.

April 17, 1985.

Attorney(s) appearing for the Case

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for plaintiffs and appellees; argued by C. Nicholas Vogel.

Robert Vogel Law Office, Grand Forks, for defendant and appellant Clayton E. Runck, Jr.; argued by Robert Vogel.

GIERKE, Justice.

Clayton E. Runck, Jr., and Herman Sobania1 appealed from a district court judgment2 against them and George Schulz in an action brought by several insurance companies to recover insurance proceeds paid to Runck, interest, and punitive damages. We affirm.

The trial court made the following findings of fact:

"3. In the fall of 1971...

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