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ROSE v. UNITED EQUITABLE INS. CO.

Nos. 20020094, 20020095.

651 N.W.2d 683 (2002)

2002 ND 148

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

Supreme Court of North Dakota.

September 3, 2002.

Attorney(s) appearing for the Case

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

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

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

MARING, Justice.

[¶ 1] United Equitable Insurance Company ("United Equitable") and Standard Life and Accident Insurance Company ("Standard") appealed from an order certifying a class action under N.D.R.Civ.P. 23. We affirm, concluding the district court did not abuse its discretion in certifying the class action.

I

[¶ 2] In 1982, Frank Rose purchased a guaranteed renewable nursing home insurance policy from United Equitable. United Equitable...

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