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INGALLS v. PAUL REVERE LIFE INS. GROUP

Civil No. 960145.

561 N.W.2d 273 (1997)

1997 ND 43

Lee INGALLS, Plaintiff and Appellee, v. PAUL REVERE LIFE INSURANCE GROUP, Defendant and Appellant. Art Stuhlmiller, National Guardian Insurance Group, and Harley Hoff, Defendants.

Supreme Court of North Dakota.

March 20, 1997.

Attorney(s) appearing for the Case

Randall J. Bakke (argued), of Smith Bakke Hovland & Oppegard, Bismarck, for plaintiff and appellee. Appearance by Scott K. Porsborg.

Patricia R. Monson (argued), of Dorsey & Whitney, Fargo, for defendant and appellant. Appearance by Todd E. Zimmerman.

Lyle W. Kirmis, of Zuger Kirmis & Smith, Bismarck, for amicus curiae Health Insurance Association of America and American Council of Life Insurance. Submitted on brief.

MESCHKE, Justice.

[¶ 1] Paul Revere Life Insurance Company (Revere) has appealed a judgment against it for breach of a disability insurance policy with its insured, Lee Ingalls, that awarded past and continuing benefits, damages for mental anguish, and exemplary damages. We affirm.

[¶ 2] In August 1990, Ingalls began working as a railroad switchman while also operating his 2,700-acre farm and ranch. On September 14, 1990, and October 15, 1990, Ingalls...

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