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DUNDEE MUT. INS. CO. v. BALVITSCH

Civ. No. 950068.

540 N.W.2d 609 (1995)

DUNDEE MUTUAL INSURANCE COMPANY, Plaintiff, Appellee and Cross-Appellant, v. Sandra BALVITSCH and Frank Balvitsch, Defendants, Vernon Hoyt as Personal Representative of the Estate of Corey Hoyt, deceased, and Vernon R. Hoyt as Trustee of the heirs at law of Corey Hoyt, deceased, Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

November 30, 1995.

Attorney(s) appearing for the Case

Thomas E. Rutten (argued) of Traynor, Rutten & Traynor, Devils Lake, for plaintiff, appellee and cross-appellant.

Paul R. Oppegard (argued) of Smith Bakke Hovland & Oppegard, Moorhead, MN, for defendant, appellant and cross-appellee.

MESCHKE, Justice.

Vernon Hoyt, as personal representative of the estate of Corey Hoyt (Estate), appealed a judgment declaring that a farm liability policy issued by Dundee Mutual Insurance Company to Frank and Sandra Balvitsch covered their pickup in a collision that killed Corey, and that Dundee had not waived its right to assert other defenses to a settlement between the Estate and the Balvitsches. We direct the trial court to modify the judgment by striking the...

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