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WESTERN NAT. MUT. INS. CO. v. UNIV. OF ND

No. 20010118.

643 N.W.2d 4 (2002)

2002 ND 63

WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Plaintiff and Appellant v. UNIVERSITY OF NORTH DAKOTA, Defendant and Appellee.

Supreme Court of North Dakota.

April 16, 2002.

Attorney(s) appearing for the Case

Ronald H. McLean (argued) and Timothy G. Richard (appeared), Serkland Law Firm, Fargo, and James T. Martin (appeared), Gislason, Martin & Varpness, Edina, MN, for plaintiff and appellant.

Sara Gullickson McGrane, Special Assistant Attorney General, Felhaber Larson Fenlon Vogt, Minneapolis, MN, for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] Western National Mutual Insurance Company ("Western National") appeals from a declaratory judgment awarding the University of North Dakota ("UND") $3,358,533.18, plus prejudgment interest, and costs and attorney fees for property damage in twenty-two buildings on UND's campus in April 1997. We hold N.D.C.C. §§ 26.1-32-01 and 26.1-32-03 codify the efficient proximate cause doctrine for determining insurance coverage for property...

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