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PLANTE v. COLUMBIA PAINTS

Civ. No. 920222.

494 N.W.2d 140 (1992)

Parnel Pierre PLANTE, Mary Elizabeth Plante, husband and wife, and Ashley Plante, a minor, and Mark S. Sandness, Sheila M. Sandness, Heather N. Sandness, a minor, and Brea M. Sandness, a minor, Plaintiffs and Appellees, v. COLUMBIA PAINTS, an Idaho corporation, Defendant and Appellee, and The Hartford Accident and Indemnity Company, an insurance company, Defendant and Appellant.

Supreme Court of North Dakota.

December 22, 1992.

Attorney(s) appearing for the Case

Wheeler Wolf, Bismarck, and Hvass, Weisman & King, Minneapolis, MN, for plaintiffs and appellees Parnel Pierre Plante, Mary Elizabeth Plante, and Ashley Plante. Appearance by David L. Peterson.

Lucas Law Office, Bismarck, and Faegre & Benson, Minneapolis, MN, for plaintiffs and appellees Mark S. Sandness, Sheila M. Sandness, Heather N. Sandness, and Brea M. Sandness. Appearance by A. William Lucas and Scott W. Johnson.

Bair, Brown & Kautzmann, Mandan, for defendant and appellee Columbia Paints; argued by Malcolm H. Brown.

Jeffries, Olson & Flom, Moorhead, MN, for defendant and appellant The Hartford Acc. & Indem. Co.; argued by Sara B. Gullickson.

JOHNSON, Justice.

The Hartford Accident and Indemnity Company (Hartford), has appealed from a district court summary judgment entered in a declaratory judgment action brought to determine the coverage provided by a Hartford insurance policy issued to Columbia Paint Company, Inc. (Columbia). We conclude that the district court erred in ruling that North Dakota law was applicable, reverse the judgment, and remand for entry of judgment consistent with this opinion.<...

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