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KROH v. AMERICAN FAMILY INS.

Civ. No. 910417.

487 N.W.2d 306 (1992)

Roger KROH, Plaintiff and Appellant, v. AMERICAN FAMILY INSURANCE, Defendant and Appellee.

Supreme Court of North Dakota.

June 1, 1992.

Attorney(s) appearing for the Case

Steven L. Latham of Wheeler Wolf, Bismarck, for plaintiff and appellant.

Thomas O. Smith of Zuger, Kirmis, Bolinske & Smith, Bismarck, for defendant and appellee.

LEVINE, Justice.

We consider whether NDCC § 26.1-41-13(1) authorizes a no-fault insurer to deduct from its payment of no-fault benefits, an insured's workers' compensation benefits which have been reduced under NDCC § 65-05-15 because the insured's injury in the nonwork-related motor vehicle accident "aggravated" a prior work-compensable injury. We hold that it does not and, accordingly, reverse and remand.

NDCC § 26.1-41-13(1) allows a no-fault...

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