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BLACKBURN, NICKELS & SMITH v. NATIONAL FARMERS UNION PROP. AND CAS. CO.

Civ. No. 910269.

482 N.W.2d 600 (1992)

BLACKBURN, NICKELS & SMITH, INC., Plaintiff, Appellee and Cross-Appellant, and Rued Insurance, Inc., Plaintiff, Appellant and Cross-Appellee, v. NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANY, and Aetna Casualty & Surety Co., Defendants, Appellees and Cross-Appellants.

Supreme Court of North Dakota.

March 19, 1992.

Attorney(s) appearing for the Case

Olson, Sturdevant and Burns, Minot, and Blomquist & Espeset, Minneapolis, Minn., for plaintiff, appellee, and cross-appellant; argued by Barry L. Blomquist, Jr. Appearance by Michael G. Sturdevant.

Zuger, Kirmis, Bolinske & Smith, Bismarck, for plaintiff, appellant, and cross-appellee; argued by Brent J. Edison. Appearance by Patrick J. Ward.

Fleck, Mather & Strutz, Bismarck, for defendant, appellee, and cross-appellant National Farmers Union Property and Cas. Co.; argued by Curtis L. Wike. Appearance by Steven A. Storslee.

Nilles, Hansen & Davies, Ltd., Fargo, for defendant, appellee, and cross-appellant Aetna Cas. & Sur. Co.; argued by Leo F.J. Wilking.

ERICKSTAD, Chief Justice.

This is an appeal from a declaratory judgment in an insurance coverage dispute involving an October 7, 1985 automobile accident. The district court ruled that Scott Smith, d/b/a Smitty's Lawn Service (Smith), was insured by Aetna Casualty & Surety Company (Aetna) and that Aetna was entitled to indemnity against Rued Insurance, Inc. (Rued). We affirm.

The accident involved a collision between a vehicle, owned by Smith and driven...

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