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McPHEE v. TUFTY

No. 20000047.

623 N.W.2d 390 (2001)

2001 ND 51

Lory L. McPHEE and Roy McPhee, individually and as the surviving parents of Sandra A. McPhee, deceased, Plaintiffs and Appellees, v. Christopher C. TUFTY and Curtis Tufty, Defendants, and AMCO Insurance Company, a corporation, Garnishee and Appellant.

Supreme Court of North Dakota.

Rehearing Denied April 12, 2001.

Attorney(s) appearing for the Case

Leland F. Hagen (argued), Lee Hagen Law Office, Ltd., Fargo, ND, for plaintiffs and appellees.

Troy A. Wolf (argued) & Paul R. Oppegard, Smith Bakke Hovland & Oppegard, Moorhead, MN, Michael J. Hagburg (appeared), Smith Bakke Hovland & Oppegard, Bismarck, ND, for garnishee and appellant.

SANDSTROM, Justice.

[¶ 1] AMCO Insurance Company ("AMCO") appealed from an amended judgment awarding Lory L. McPhee and Roy McPhee, individually and as the surviving parents of Sandra A. McPhee, $100,000 from the proceeds of an automobile liability insurance policy AMCO issued to Curtis and Debra Tufty. We conclude the trial court erred in ruling the AMCO insurance policy provided coverage under the circumstances, and we reverse.

I

[¶ 2...

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