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ALLIED MUT. INS. CO. v. DIRECTOR OF N.D. DEPT. OF TRANSP.

Civil No. 980195.

589 N.W.2d 201 (1999)

1999 ND 2

ALLIED MUTUAL INSURANCE COMPANY, as subrogee for Odd Job Squad, Plaintiff and Appellant, v. DIRECTOR OF THE NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, an arm of the State of North Dakota, and Richard Leo Niemi, in his capacity as an employee of the North Dakota Department of Transportation, Defendants and Appellees.

Supreme Court of North Dakota.

January 27, 1999.

Attorney(s) appearing for the Case

Dennis Lindquist, Mandan, ND, for plaintiff and appellant.

W. Todd Haggart, Special Assistant Attorney General, Fargo, ND, for defendants and appellees.

KAPSNER, Justice.

[¶ 1] Allied Mutual Insurance Company (Allied) appealed from a district court judgment dismissing its complaint. We hold actual notice of an occurrence is insufficient to satisfy the written notice requirement of N.D.C.C. § 32-12.2-04(1) (1995). We affirm the district court judgment.

[¶ 2] In February 1998, Allied filed a complaint alleging on March 25, 1996, Richard Leo Niemi, while acting within the scope of his employment...

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