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EMPLOYERS REINSURANCE CORP. v. LANDMARK

Civ. No. 950291.

547 N.W.2d 527 (1996)

EMPLOYERS REINSURANCE CORPORATION, Plaintiff, Appellant and Cross-Appellee, v. Edean LANDMARK, Defendant, Bert Holvik, Holvik Halvorson Insurance, Inc. a North Dakota Corporation, Defendants, Appellees and Cross-Appellants, Bert Holvik & Associates, a defunct Sole Proprietorship, Defendant.

Supreme Court of North Dakota.

Rehearing Denied May 29, 1996.

Attorney(s) appearing for the Case

E.T. Conmy, III (argued), of Nilles, Hansen & Davies, Ltd., Fargo, for plaintiff and appellant Employers Reinsurance Corporation.

H. Malcolm Pippin (argued), of Nilles, Hansen & Davies, Ltd., Fargo, for cross-appellee Employers Reinsurance Corporation.

Wickham Corwin (argued), of Conmy, Feste, Bossart, Hubbard & Corwin, Ltd., Fargo, for defendant, appellee and cross-appellant Holvik Halvorson Insurance.

Leland F. Hagen (argued), of Lee Hagen Law Office, Ltd., Fargo, for defendant, appellee and cross-appellant Bert Holvik.

NEUMANN, Justice.

Employers Reinsurance Corporation (ERC) appeals from a declaratory judgment holding ERC has a duty to indemnify and defend Holvik Halvorson Insurance, Inc. (HHII) in a South Dakota lawsuit brought by Edean Landmark and that ERC is liable for HHII's reasonable costs and attorney fees incurred for this declaratory judgment action. Bert Holvik cross-appeals from the judgment holding ERC has no duty to indemnify or defend him in his personal capacity...

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