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NODAK MUT. INS. CO. v. HEIM

Civil No. 960187.

559 N.W.2d 846 (1997)

1997 ND 36

NODAK MUTUAL INSURANCE COMPANY, Plaintiff and Appellee, v. Maurus HEIM, Alan Heim and Corey Heim, Defendants and Appellants.

Supreme Court of North Dakota.

February 27, 1997.

Attorney(s) appearing for the Case

Duane Ilvedson (argued), of Nilles, Hansen & Davies, Ltd., Fargo, and William M. Hart (on brief) and Randy A. Sharbono (on brief), of Meagher & Geer, Minneapolis, MN, for plaintiff and appellee. Appearance by Paul Traynor of Nodak Mutual, Fargo.

Jon R. Brakke, of Vogel, Kelly, Knutson, Weir, Bye & Hunke, Ltd., Fargo, for defendant and appellant Maurus Heim.

Robert Snyder (no appearance), of Snyder Coles Lawyers, Bismarck, for defendants and appellants Alan Heim and Corey Heim.

VANDE WALLE, Chief Justice.

[¶ 1] Maurus Heim appealed from a summary judgment declaring Nodak Mutual Insurance Company had no duty to defend or indemnify him in an underlying lawsuit brought by his nephews, Alan and Corey Heim. We hold Nodak's insurance policies and public policy preclude coverage for Maurus's continuous pattern of intentional molestation of his nephews. We affirm.

[¶ 2] In February 1994...

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