ROSE v. UNITED EQUITABLE INS. CO.

No. 20000333.

632 N.W.2d 429 (2001)

2001 ND 154

Frank ROSE, individually and on behalf of all others similarly situated, Plaintiff and Appellant, v. UNITED EQUITABLE INSURANCE COMPANY, Standard Life and Accident Insurance Company, Defendants and Appellees, and United Equitable Life Insurance Company, Defendant.

Supreme Court of North Dakota.

August 29, 2001.


Attorney(s) appearing for the Case

Monte L. Rogneby (argued), H. Patrick Weir, Vogel Law Firm, Timothy Q. Purdon (appeared) and Thomas A. Dickson, Dickson & Purdon, Bismarck, ND, for plaintiff and appellant.

Lawrence A. Dopson (argued), Zuger Kirmis & Smith, Bismarck, ND, Michael F. Braun, Schuyler Roche & Zwirner, Chicago, IL, for defendant and appellee United Equitable Insurance Company.

Stephen W. Plambeck (argued) and Daniel J. Crothers (appeared), Nilles, Hansen & Davies, Ltd., Fargo, ND, Scott D. Daniel (appeared), Greer, Herz & Adams, Galveston, TX, for defendant and appellee Standard Life and Accident Insurance Company.


VANDE WALLE, Chief Justice.

[¶ 1] Frank Rose appealed from a judgment1 dismissing his action against Standard Life and Accident Insurance Company ("Standard"), United Equitable Insurance Company ("United"), and United Equitable Life Insurance Company.2 We conclude the district court, relying on the statute of limitations, erred in dismissing Rose's action on the pleadings, and we reverse and remand for...

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