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NORTH DAKOTA INS. GUAR. ASS'N v. AGWAY

Civ. No. 900127.

462 N.W.2d 142 (1990)

NORTH DAKOTA INSURANCE GUARANTY ASSOCIATION, Plaintiff and Appellee, v. AGWAY, INC., Defendant and Appellant, and C & J Distributing and Brock Manufacturing, Inc., Defendants.

Supreme Court of North Dakota.

October 31, 1990.

Attorney(s) appearing for the Case

Morley & Morley, Ltd., Grand Forks, for plaintiff and appellee; argued by Patrick R. Morley.

Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for defendant and appellant; argued by LaDonne R. Vik.

MESCHKE, Justice.

Agway, Inc. ["Agway"] appealed from a judgment determining that the North Dakota Insurance Guaranty Association ["NDIGA"] had no duty to defend or provide coverage in an underlying lawsuit. We affirm.

NDIGA is a non-profit unincorporated legal entity created by NDCC 26.1-42-03. NDIGA is authorized to sue and be sued. NDCC 26.1-42-05(2)(c). NDIGA's purpose is to protect the public by providing financial resources when an insurer becomes insolvent...

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