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CONTINENTAL CAS. CO. v. KINSEY

Civ. No. 930277.

513 N.W.2d 66 (1994)

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.

March 8, 1994.

Attorney(s) appearing for the Case

Christian A. Preus (argued), Minneapolis, MN, and Fleck, Mather & Strutz, Bismarck, for plaintiff and appellee. Appearance by Steven A. Storslee.

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

LEVINE, Justice.

Robert Kinsey and his professional corporation (Kinsey) appeal from a final judgment, dated July 9, 1993, dismissing Kinsey's counterclaim against Continental Casualty Company (Continental). We conclude that Kinsey has failed to raise a genuine issue of material fact on the counterclaim and that Continental is entitled to summary judgment. We affirm.

The facts underlying this litigation are fully set forth in Bjorgen v. Kinsey,

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