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RUED INS. v. BLACKBURN, NICKELS & SMITH

Civil No. 950204.

543 N.W.2d 770 (1996)

RUED INSURANCE, INC., Plaintiff and Appellant, v. BLACKBURN, NICKELS & SMITH, INC., Defendant and Appellee.

Supreme Court of North Dakota.

February 13, 1996.

Attorney(s) appearing for the Case

Brent J. Edison, of Zuger Kirmis & Smith, Bismarck, for plaintiff and appellant.

Barry L. Blomquist, Jr., of Blomquist & Espeset, Minneapolis, for defendant and appellee. Appearance by Michael G. Sturdevant, of Kenner Sturdevant, P.C., Minot.

VANDE WALLE, Chief Justice.

Rued Insurance, Inc. (Rued) appealed from a summary judgment dismissing its tort action for damages against Blackburn, Nickels & Smith, Inc. (BNS). We hold there is a triable issue of fact whether the negligent failure of BNS to procure insurance coverage for one of Rued's clients was a proximate cause of Rued's damages. We reverse the summary judgment dismissal of Rued's claim against BNS and remand for a trial on the merits.

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