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STUHLMILLER v. NODAK MUT. INS. CO.

Civ. No. 910019.

475 N.W.2d 136 (1991)

Arthur STUHLMILLER, Plaintiff and Appellant, v. NODAK MUTUAL INSURANCE COMPANY and Mark Stuhlmiller, Defendants and Appellees.

Supreme Court of North Dakota.

October 7, 1991.

Attorney(s) appearing for the Case

Nodland, Tharaldson & Dickson, Bismarck, for plaintiff and appellant; argued by Irvin B. Nodland. Appearance by Anna M. Frissell.

Nilles, Hansen & Davies, Ltd., Fargo, for defendant and appellee Nodak Mutual Ins. Co.; argued by William P. Harrie.

Zuger, Kirmis, Bolinske & Smith, Bismarck, for defendant and appellee Mark Stuhlmiller; argued by Thomas O. Smith.

GIERKE, Justice.

Arthur Stuhlmiller appeals from a summary judgment dismissing his claims against Nodak Mutual Insurance Company ["Nodak"] and Mark Stuhlmiller. We affirm.

On November 3, 1989, Arthur was injured in a one vehicle accident while riding as a passenger in his own vehicle, which was being driven by his son Mark. Arthur's vehicle was insured by Nodak. Mark also had a separate automobile insurance policy issued by Nodak which provided underinsured...

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