INDUSTRIAL COM'N v. McKENZIE COUNTY NATIONAL BANK

Civ. No. 930370.

518 N.W.2d 174 (1994)

The INDUSTRIAL COMMISSION OF NORTH DAKOTA, acting in its capacity as the North Dakota Housing Finance Agency, Plaintiff, v. McKENZIE COUNTY NATIONAL BANK, a North Dakota Banking Corporation, Defendant, Third-Party Plaintiff and Appellee, v. WISCONSIN MORTGAGE ASSURANCE CORPORATION and Mortgage Guaranty Insurance Corporation, foreign corporations, Third-Party Defendants and Appellants.

Supreme Court of North Dakota.

June 15, 1994.


Attorney(s) appearing for the Case

Dennis Edward Johnson, of Johnson Law Office, Watford City, for defendant, third-party plaintiff, and appellee.

Eugene F. Buresh, of Reichert, Buresh, Herauf & Ficek, PC, Dickinson, for third-party defendants and appellants.


VANDE WALLE, Chief Justice.

Wisconsin Mortgage Assurance Corporation (WMAC), previously named Mortgage Guaranty Insurance Corporation (MGIC), appealed from a summary judgment awarding McKenzie County National Bank (the Bank) damages on a mortgage insurance policy. The court also awarded the Bank attorney fees. We affirm the summary judgment in favor of the Bank, but we reverse the award of attorney fees.

The purpose of summary judgment is to expeditiously...

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