FORTIS BENEFITS INS. CO. v. HAUER

No. 20010052.

636 N.W.2d 200 (2001)

2001 ND 186

FORTIS BENEFITS INSURANCE COMPANY, Plaintiff and Appellee, v. Ann M. HAUER, Defendant and Appellant.

Supreme Court of North Dakota.

December 5, 2001.


Attorney(s) appearing for the Case

R. Kent Sellers (argued), Richard N. Bien (on brief), Lathrop & Gage L.C., Kansas City, MO, and Dennis William Lindquist (appeared), Mandan, ND, for plaintiff and appellee.

Arnold V. Fleck, Fleck Law Office, Bismarck, ND, for defendant and appellant.


KAPSNER, Justice.

[¶ 1] Ann Hauer appeals from a summary judgment ordering her to repay disability benefits to Fortis Benefits Insurance Company ("Fortis"). We affirm, concluding the district court correctly determined Hauer's disability benefits received from Social Security and the North Dakota Teachers' Fund for Retirement may be offset against the disability benefits available from Fortis.

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