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GABRIEL v. MINNESOTA MUT. FIRE AND CAS.

Civ. Nos. 930046 to 930048.

506 N.W.2d 73 (1993)

Dennis GABRIEL, individually and as Trustee of the Estate of Lindsay Marie Gabriel, Deceased, Plaintiff and Appellant, v. MINNESOTA MUTUAL FIRE AND CASUALTY and Auto Owners Insurance Company, Defendants and Appellees. Rhonda RAPP, mother and next friend of Kelley Rapp, a minor, Plaintiff and Appellant, v. MINNESOTA MUTUAL FIRE AND CASUALTY INSURANCE COMPANY, American Family Insurance Company, Defendants and Appellees. Gregory MUND and Roxanne Mund, individually and as parents and natural guardians of Nicole Mund, Plaintiffs and Appellants, v. MINNESOTA MUTUAL FIRE AND CASUALTY COMPANY, Defendant and Appellee.

Supreme Court of North Dakota.

September 8, 1993.

Attorney(s) appearing for the Case

William P. Harrie of Nilles, Hansen & Davies, Fargo, for plaintiff and appellant Dennis Gabriel.

James E. Nicolai of Gjevre, McLarnan, Hannaher, Vaa, Skatvold & McLarnan, Moorhead, MN, for plaintiff and appellant Rhonda Rapp.

Kim E. Brust of Conmy, Feste, Bossart, Hubbard & Corwin, Fargo, for plaintiffs and appellants Gregory and Roxanne Mund.

W. Todd Haggart of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for defendants and appellees Minnesota Mut. Fire and Cas. Co. and Auto Owners Ins. Co.

Robert S. Cragg and Daniel E. Fobbe of Cragg & Fobbe, Hopkins, MN, for defendant and appellee Minnesota Mut. Fire and Cas. Co.

Paul Robert Aamodt, Fargo, for defendant and appellee American Family Ins.

SANDSTROM, Justice.

A motor vehicle accident resulting in serious bodily injury and death led to this case which requires us to construe provisions of North Dakota's underinsured motorist law. The district court granted summary judgment for the defendant insurance companies. We reverse, concluding:

1. Underinsured motorist policy provisions excluding coverage for accidents involving government vehicles were invalid as contrary to law.

2. The plaintiffs...

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