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HALL FAMILY LIVING TRUST v. MUTUAL SERV. LIFE INS. CO.

No. 20000188.

623 N.W.2d 32 (2001)

2001 ND 46

HALL FAMILY LIVING TRUST BY Kenneth H. HALL, Trustee, Plaintiff and Appellee, v. MUTUAL SERVICE LIFE INSURANCE COMPANY, a corporation, Defendant and Appellant.

Supreme Court of North Dakota.

March 5, 2001.

Attorney(s) appearing for the Case

Peter K. Halbach, Haugland, Halbach and Halbach, Devils Lake, ND, for plaintiff and appellee.

Dwain E. Fagerlund, Johannson, Rust, Fagerlund, Yon & Stock, P.A., Crookston, MN, for defendant-appellant.

NEUMANN, Justice.

[¶ 1] Mutual Service Life Insurance Company appealed from a summary judgment1 awarding the Hall Family Living Trust ("Trust") payment on a $39,000 and a $10,000 annuity. We conclude there are genuine issues of material fact which preclude summary judgment, and we reverse and remand for further proceedings.

I

[¶ 2] On May 21, 1985, Johannes Holl (a/k/a Jack Hall) applied to Mutual Service for...

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