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BJORNSON v. GUARANTY NAT. INS. CO.

Civ. No. 950062.

539 N.W.2d 46 (1995)

Erika BJORNSON, By and Through her guardian and parent Jan BJORNSON, and Jan Bjornson, individually, Plaintiffs and Appellees, v. GUARANTY NATIONAL INSURANCE COMPANY, Defendant and Appellant, and Farmers Insurance Exchange, Defendant.

Supreme Court of North Dakota.

October 31, 1995.

Attorney(s) appearing for the Case

Timothy A. Priebe of Mackoff, Kellogg, Kirby & Kloster, P.C., Dickinson, for plaintiffs and appellees.

Michael J. Maus of Howe, Hardy, Galloway & Maus, P.C., Dickinson, for defendant and appellant.

NEUMANN, Justice.

Guaranty National Insurance Company (Guaranty) appealed from a district court judgment awarding Erika Bjornson $30,000 in damages under an automobile liability insurance policy written by Guaranty. We conclude Erika was not entitled to receive both Uninsured Motorist (UM) and Underinsured Motorist (UIM) benefits under the policy. Accordingly, we affirm the $20,000 award of UIM coverage and reverse the $10,000 award of UM coverage.

The parties...

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