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AM. HARDWARE MUT. INS. CO. v. NAT. FARMERS UNION PROP. AND CAS. CO.

Civ. No. 870296.

422 N.W.2d 402 (1988)

AMERICAN HARDWARE MUTUAL INSURANCE COMPANY, Plaintiff, Appellee and Cross-Appellant, v. NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANY, Defendant, Appellant and Cross-Appellee, and John Baumstarck, Defendant.

Supreme Court of North Dakota.

April 18, 1988.

Attorney(s) appearing for the Case

Fleck, Mather, Strutz & Mayer, PC, Bismarck, for defendant, appellant and cross-appellee; argued by Kenneth J. Horner, Jr.

Pearce & Durick, Bismarck, for plaintiff, appellee and cross-appellant; argued by Jerome C. Kettleson.

LEVINE, Justice.

National Farmers Union Property and Casualty Company (Farmers Union) appeals from a judgment declaring it has the duty to defend and to pay damages recovered from its insured. We affirm.

Farmers Union insured John Baumstarck under a family car policy which excluded coverage for:

"Bodily injury or property damage arising out of the ownership, maintenance or use of any vehicle, other than your insured car, which is owned by or furnished...

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