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MILBANK MUT. INS. CO. v. DAIRYLAND INS. CO.

Civ. No. 10846.

373 N.W.2d 888 (1985)

MILBANK MUTUAL INSURANCE COMPANY, Plaintiff and Appellee, v. DAIRYLAND INSURANCE COMPANY, Garry Hagstrom and Sylvia Sabot, Individually and as Personal Representative of the Estate of Robert Sabot, deceased, Defendants and Appellants.

Supreme Court of North Dakota.

September 4, 1985.

Attorney(s) appearing for the Case

Zuger & Bucklin, Bismarck, for plaintiff and appellee; argued by Thomas O. Smith, Bismarck.

O'Grady, Morley & Morley, Grand Forks, for defendant and appellant Dairyland Insurance Company; argued by Michael J. Morley, Grand Forks.

ERICKSTAD, Chief Justice.

Dairyland Insurance Company [Dairyland] appeals from a summary judgment entered in a declaratory judgment action in which the district court determined that Dairyland had an obligation of coverage and a duty to defend under an automobile insurance policy issued by it to Garry Hagstrom and that Milbank Mutual Insurance Company [Milbank] did not have an obligation of coverage or duty to defend under a farm owners—ranch owners policy...

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