DECOTEAU v. NODAK MUT. INS. CO.

No. 990100.

603 N.W.2d 906 (2000)

2000 ND 3

James Joseph DeCOTEAU, Plaintiff and Appellant, v. NODAK MUTUAL INSURANCE COMPANY, Defendant and Appellee

Supreme Court of North Dakota.

January 10, 2000.


Attorney(s) appearing for the Case

H. Patrick Weir, Jr., Lee Hagen Law Office, Ltd., Fargo, N.D., Jeffrey J. Lowe, Gray & Ritter, P.C., St. Louis, MO, and Joseph P. Danis and John J. Carey, Carey & Danis, LLC, St. Louis, MO, for plaintiff and appellant. Submitted on brief.

Richard N. Jeffries and Ronald J. Knoll, Jeffries, Olson, Flom & Bullis, P.A., Moorhead, MN, for defendant and appellee. Submitted on brief.


SANDSTROM, Justice.

[¶ 1] James Joseph DeCoteau appealed from a summary judgment dismissing his action against Nodak Mutual Insurance Company for underinsured motorist coverage. We hold there is a material issue of fact about whether Nodak's 1992 or 1994 version of its insurance policy was in effect when DeCoteau was involved in an automobile accident. Because there is a material issue of fact about which policy was in effect when the accident occurred and DeCoteau...

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