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CONTINENTAL CAS. CO. v. KINSEY

Civ. Nos. 920252, 920288.

499 N.W.2d 574 (1993)

CONTINENTAL CASUALTY COMPANY, Plaintiff and Appellee, v. Robert W. KINSEY, Robert W. Kinsey, P.C., Defendants, and Anita Bjorgen, Defendant and Appellant. CONTINENTAL CASUALTY COMPANY, Plaintiff and Appellee, v. Robert W. KINSEY, Robert W. Kinsey, P.C., Defendants and Appellants, and Anita Bjorgen, Defendant.

Supreme Court of North Dakota.

April 27, 1993.

Attorney(s) appearing for the Case

Steven A. Storslee (appearance), of Fleck, Mather & Strutz, Bismarck, and Bradley M. Jones (argued), of Meagher & Geer, Minneapolis, MN, for plaintiff and appellee Continental Cas. Co.

James L. Norris, P.C. (argued), Bismarck, for defendants and appellants Robert W. Kinsey and Robert W. Kinsey, P.C.

Winkjer, McKennett, Stenehjem, Reierson & Forsberg, Williston, for defendant and appellant Anita Bjorgen; argued by Kent A. Reierson.

NEUMANN, Justice.

This is a declaratory judgment action brought by an insurance company to determine the extent of its coverage under a professional liability insurance policy. We reverse and remand.

In October 1989, Anita Bjorgen (Bjorgen) obtained a judgment against Robert Kinsey and his professional corporation (Kinsey) for intentional fraud and deceit while providing legal services for her. The jury awarded Bjorgen compensatory damages of $172,000 and...

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