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FETCH v. QUAM

Civ. No. 940257.

530 N.W.2d 337 (1995)

Greg FETCH, Personal Representative of the Estate of Waylin Fetch, Plaintiff and Appellee, v. Kelly M. QUAM, Defendant, v. AMERICAN HARDWARE MUTUAL INSURANCE COMPANY, Intervenor and Appellant.

Supreme Court of North Dakota.

April 13, 1995.

Attorney(s) appearing for the Case

Carpenter Offices, Bismarck, for plaintiff and appellee; argued by Deborah J. Carpenter. Appearance by Kathleen J. Hall.

Pearce & Durick, Bismarck, for intervenor and appellant; argued by David E. Reich.

MESCHKE, Justice.

American Hardware Mutual Insurance Company (American) appealed from a judgment for Waylin S. Fetch for damages from injuries in a collision with an uninsured motor vehicle, an order denying its motion to reconsider and to reduce costs, and interlocutory orders holding the uninsured driver in default and limiting American's participation in the action. We reverse and remand for a new trial.

In May 1988, Fetch was injured in a collision between...

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