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ISAAC v. STATE FARM MUT. AUTO. INS. CO.

Civil No. 950398.

547 N.W.2d 548 (1996)

Lance E. ISAAC, Plaintiff and Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of North Dakota.

May 14, 1996.

Attorney(s) appearing for the Case

Ronald F. Fischer of Pearson, Christensen, Larivee, Clapp, Fiedler & Fischer, Grand Forks, for plaintiff and appellant.

Scott J. Landa of Vaaler, Warcup, Woutat, Zimney & Foster, Grand Forks, for defendant and appellee.

SANDSTROM, Justice.

In this case we are asked to decide whether a seriously injured insured can seek declaratory judgment as to the right of his no-fault insurer to seek equitably allocated reimbursement from the other driver's insurer. And we are asked to decide whether the no-fault insurer can be sued for refusing to waive its statutory right to equitable allocation. Answering no to both, we affirm the summary judgment of dismissal and denial of the motion to amend...

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