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WAHL v. COUNTRY MUT. INS. CO.

No. 20010262.

640 N.W.2d 689 (2002)

2002 ND 42

Fred WAHL, d/b/a Wahl Construction, Plaintiff and Appellee, v. COUNTRY MUTUAL INSURANCE COMPANY, Defendant and Appellant, Terry Burke, Terry Burke, Inc. and Nodak Agency, Inc., Defendants.

Supreme Court of North Dakota.

March 12, 2002.

Attorney(s) appearing for the Case

Rodney E. Pagel, Pagel Weikum Law Firm, Bismarck, ND, for plaintiff and appellee.

Jerry W. Evenson, Zuger Kirmis & Smith, Bismarck, ND, for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Country Mutual Insurance Company ("Country Mutual") appealed from a summary judgment declaring plaintiff, Fred Wahl, doing business as Wahl Construction, had insurance coverage on a damaged tractor loader under a commercial package insurance policy with Country Mutual. We hold Wahl's policy expired for nonpayment of premium prior to the damage of the tractor loader, and we reverse and remand with instructions the trial court...

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