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D.E.M. v. ALLICKSON

Civil No. 960054.

555 N.W.2d 596 (1996)

D.E.M. and D.J.M., Plaintiffs and Appellees, v. Pastor John L. ALLICKSON and Gustaf Adolph Lutheran Church of Gwinner, North Dakota; and Eastern North Dakota Synod of the Evangelical Lutheran Church of America of Fargo, North Dakota; and the Evangelical Lutheran Church of America of Chicago, Illinois, Defendants, and North Star Insurance Company, aka North Star Mutual Insurance Company, Garnishee and Appellant.

Supreme Court of North Dakota.

November 18, 1996.

Attorney(s) appearing for the Case

Stephen F. Rufer (argued), of Pemberton, Sorlie, Sefkow, Rufer & Kershner, Fergus Falls, MN and Edward F. Klinger (argued), of Gunhus, Grinnell, Klinger, Swenson & Guy, Fargo, for plaintiffs and appellees.

Steven L. Marquart (argued), of Cahill & Marquart, Moorhead, MN, for garnishee and appellant.

NEUMANN, Justice.

North Star Insurance Company [North Star] appeals from a district court judgment concluding North Star had a duty to defend and indemnify its insured, Gustaf Adolf Lutheran Church of Gwinner [Church], in a tort action for pastoral sexual misconduct. We affirm.

Pastor John Allickson served as pastor of the Church. D.E.M. ["Donna Martin," a pseudonym] and her husband, D.J.M. ["David Martin," a pseudonym], were members of the Church. In late...

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