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CARLSON v. DOEKSON GROSS, INC.

Civ. Nos. 10823, 10824.

372 N.W.2d 902 (1985)

Edwin CARLSON and Iva Carlson, Plaintiffs and Appellants, v. DOEKSON GROSS, INC., d/b/a Doekson Gross Insurance Agents, Defendant, Third-Party Plaintiff and Appellee, v. INSURANCE COMPANY OF NORTH AMERICA, Third-Party Defendant and Appellee. UNION INSURANCE AGENCY, Plaintiff and Appellant, v. Ed CARLSON, Defendant and Appellant, and UNION INSURANCE AGENCY and Ed Carlson, Plaintiffs, Defendants and Appellants, v. AMERICAN INSURANCE COMPANY, Additional Party Defendant and Appellee.

Supreme Court of North Dakota.

August 15, 1985.

Attorney(s) appearing for the Case

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for plaintiffs and appellants Edwin Carlson and Iva Carlson; argued by David L. Peterson, Bismarck.

Pearce, Anderson & Durick, Bismarck, for plaintiff and appellant Union Insurance Agency. Appearance by Joel W. Gilbertson, Bismarck.

Tossett & Balerud, Minot, for additional party defendant and appellee American Ins. Co.; argued by Andrew R. Tossett, Minot.

GIERKE, Justice.

Edwin Carlson, Iva Carlson, and Union Insurance Agency appeal from a judgment dismissing their claims against American Insurance Company. We reverse the judgment and remand for further proceedings.

On June 7, 1979, Willard Irwin was seriously injured while employed on Edwin and Iva Carlson's farm, commonly referred to as Harrington Ranch. Irwin and his wife sued Edwin Carlson in state district court, alleging that Carlson's negligence was...

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