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CLOSE v. EBERTZ

Civil No. 970380.

583 N.W.2d 794 (1998)

1998 ND 167

Clifford CLOSE and Millie Close, Plaintiffs and Appellees, v. Dominic EBERTZ, Defendant. American Economy Insurance Co., Garnishee and Appellant.

Supreme Court of North Dakota.

September 15, 1998.

Attorney(s) appearing for the Case

Gregory L. Lange, of Richardson, Lange & Donovan, Hazen, for plaintiffs and appellees.

Peter K. Halbach, of Haugland, Halbach & Halbach, Devils Lake, for garnishee and appellant.

SANDSTROM, Justice.

[¶ 1] American Economy Insurance Co. (American) appealed a summary judgment awarding Clifford Close $50,000 and Millie Close $10,000 in their garnishment action to collect insurance proceeds for personal injuries under an automobile liability policy issued to John Ebertz. We hold the entitlement exclusion under the policy excluding coverage to "any person" using an auto without a reasonable belief the person is entitled to do so applies to...

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