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TRAVELERS INDEM. CO. v. AMERICAN MOTORIST INS. CO.

Civ. No. A4-89-215.

766 F.Supp. 804 (1991)

The TRAVELERS INDEMNITY CO., Plaintiff, v. AMERICAN MOTORIST INSURANCE CO., Bernhard Odden, individually and as the survivor of Maxine Odden, deceased, David Paulseth and Deutz-Allis Corp., Defendants.

United States District Court, D. North Dakota, Northwestern Division.

June 12, 1991.

Attorney(s) appearing for the Case

Michael J. Morley, Morley & Morley, Grand Forks, N.D., for plaintiff.

Carlton J. Hunke and Lori J. Beck, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, N.D., for American Motorist, David Paulseth and Deutz-Allis Corp.

Charles L. Chapman, Chapman & Chapman, Bismarck, N.D., for Bernhard Odden.

MEMORANDUM AND ORDER

BENSON, Senior District Judge.

This is a dispute regarding the priority of coverage between two automobile insurance policies. The parties seek a declaratory judgment as to which policy provides primary coverage and the primary duty to defend and which policy provides only secondary or excess coverage. The parties have filed cross-motions for summary judgment.

FACTUAL BACKGROUND

The dispute arises as the result of an...

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