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HART CONSTRUCTION CO. v. AMERICAN FAMILY MUT. INS.

Civ. No. 930054.

514 N.W.2d 384 (1994)

HART CONSTRUCTION COMPANY, successor in Interest to Hart, Inc.; and Michael E. Hart, Jr., Plaintiffs and Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of North Dakota.

March 30, 1994.

Attorney(s) appearing for the Case

Ronald F. Fischer, Pearson, Christensen, Larivee and Fischer, Grand Forks, for plaintiffs and appellants.

Jay H. Fiedler, Letnes, Marshall, Fiedler & Clapp, Grand Forks, for defendant and appellee.

SANDSTROM, Justice.

In this case we address the issue of an insurance company's duty to represent its insured in a lawsuit.

A 1982 winter storm blew down a pole barn being built on the Ballantyne Brothers farm. Claiming its subcontractor was negligent, the seller/contractor, Menard, Inc., refused to pay the subcontractor, Hart Construction Company, for the additional cost of rebuilding the pole barn. Hart sued Menard and the Ballantynes. Menard and the Ballantynes...

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