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LANDIS v. CNA INS.

Civil No. 980285

589 N.W.2d 590 (1999)

1999 ND 35

Jay LANDIS, d/b/a Landis Farms, Plaintiff and Appellant, v. CNA INSURANCE, Defendant and Appellee.

Supreme Court of North Dakota.

February 23, 1999.

Attorney(s) appearing for the Case

John H. Moosbrugger, Moosbrugger, Dvorak & Carter, Grand Forks, ND, for plaintiff and appellant.

Laurie W. Meyer (argued) and David A. Engen, Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, MN, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1.] Landis appealed from a judgment entered after the district court granted Continental Insurance Agency's motion for summary judgment. We affirm.

[¶ 2.] A fire destroyed a dwelling house situated on Landis's property between February 26, 1996 and early March 1996. The house was insured under an insurance policy issued by Continental. The policy's terms require the insured dwelling be used as a residence:

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