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DECOTEAU v. NODAK MUT. INS. CO.

No. 20010066.

636 N.W.2d 432 (2001)

2001 ND 182

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

Supreme Court of North Dakota.

December 5, 2001.

Attorney(s) appearing for the Case

Jeffrey J. Lowe (argued), Simon, Lowe & Passanante, LLC, St. Louis, MO, H. Patrick Weir, Jr. (appeared), Lee Hagen Law Office, Ltd., Fargo, Joseph P. Danis and John J. Carey, Carey & Danis, LLC, St. Louis, MO, for plaintiff and appellant.

Richard N. Jeffries (argued), and Aaron J. Dorrheim, Jeffries, Olson & Flom, PA, Moorhead, MN, for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] James Joseph DeCoteau appealed from a summary judgment1 awarding him $25,000 in his action against Nodak Mutual Insurance Company for underinsured motorist coverage. DeCoteau argues we should affirm the judgment, but remand the case and order the trial court to allow him discovery so he can obtain evidence to support a motion to certify a class action against Nodak. Under the circumstances, we conclude the...

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