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GRINNELL MUT. REINSURANCE CO. v. FARM & CITY INS. CO.

Nos. 990394-990396 and 20000010.

616 N.W.2d 353 (2000)

2000 ND 163

GRINNELL MUTUAL REINSURANCE COMPANY, Plaintiff and Appellee, v. FARM & CITY INSURANCE COMPANY, Intervenor and Appellee, and Casey Leikas, Vernon Leikas, Gail Leikas, Thomas Zander, individually, and as representative of all heirs-at-law of June Zander, deceased, and Thomas Zander, as personal representative of the Estate of June Zander (collectively referred to as Zanders), Defendants and Appellants. Thomas Zander, Plaintiff and Appellant, v. American Family Mutual Insurance Company, Defendant, Third-Party Plaintiff and Appellant, v. Grinnell Mutual Reinsurance Company and Farm & City Insurance Company, Third-Party Defendants and Appellees. American Family Mutual Insurance Company, Plaintiff and Appellant, v. Grinnell Mutual Reinsurance Company and Farm & City Insurance Company, Defendants and Appellees.

Supreme Court of North Dakota.

August 24, 2000.

Attorney(s) appearing for the Case

Charles A. Stock (argued), Johannson, Rust, Fagerlund, Yon & Stock, Crookston, for plaintiff and appellee, third-party defendant and appellee, and defendant and appellee Grinnell Mutual Reinsurance Company.

Douglas W. Gigler (argued), Nilles, Hanson & Davies, Ltd., Fargo, for intervenor and appellee, third-party defendant and appellee, and defendant and appellee Farm & City Insurance Company.

Timothy Q. Purdon (submitted on brief), Dickson Law Office, Bismarck, for defendant and appellant Casey Leikas.

David R. Bossart (appeared), David R. Bossart Law Firm, PC, Fargo, for defendants and appellants Vernon Leikas and Gail Leikas.

Daylen D. Ramstad (argued), Wegner, Fraase, Nordeng, Johnson & Ramstad, Fargo, for defendant and appellant Thomas Zander.

Steven L. Marquart (appeared), Cahill & Marquart, Moorhead, MN, for defendant, third-party plaintiff and appellant, and plaintiff and appellant American Family Mutual Insurance Company.

KAPSNER, Justice.

[¶ 1] Casey Leikas, Vernon Leikas, Gail Leikas, Thomas Zander, and American Family Mutual Insurance Company appeal from summary judgments declaring that Grinnell Mutual Reinsurance Company ("Grinnell") and Farm & City Insurance Company ("F & C") have no duty to indemnify or defend the Leikases. We affirm, holding the Grinnell and F & C policies did not conflict with N.D.C.C. § 39-16.1-11(2)(b) and there was no genuine issue...

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