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STATE FARM MUT. AUTOMOBILE INS. CO. v. ESTATE OF GABEL

Civ. No. 950075.

539 N.W.2d 290 (1995)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a mutual company, Plaintiff and Appellee, v. ESTATE OF Kenneth GABEL a/k/a, Kenneth E. Gabel, deceased and Laurel Gabel, individually and as Personal Representative of the Estate of Kenneth Gabel a/k/a Kenneth E. Gabel, deceased, Defendant and Appellant.

Supreme Court of North Dakota.

October 31, 1995.

Attorney(s) appearing for the Case

Eugene F. Buresh of Reichert, Buresh, Herauf & Ficek, Dickinson, for defendant and appellant.

Paul G. Kloster of Mackoff, Kellogg, Kirby & Kloster, Dickinson, for plaintiff and appellee.

SANDSTROM, Justice.

Kenneth E. Gabel suffered a fatal aneurysm while driving his pickup truck. His wife and his estate (Gabels) appeal from summary judgment dismissing their claims against State Farm Mutual Auto Insurance Company for benefits under their no-fault insurance policy, and from an order denying their motion for attorney's fees. Because the death was not the result of an accident, and did not arise out of the use of a motor vehicle, we affirm the summary...

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