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AMERICAN NAT. FIRE INS. CO. v. HUGHES

No. 20020207.

658 N.W.2d 330 (2003)

2003 ND 43

AMERICAN NATIONAL FIRE INSURANCE COMPANY as subrogee of United Crane & Excavation, Plaintiff and Appellant, v. Gary HUGHES, Defendant and Appellee.

Supreme Court of North Dakota.

March 26, 2003.

Attorney(s) appearing for the Case

Brian T. Suth (argued), Ellison, Nielsen, Knibbs, Zehe & Antas, P.C., Chicago, IL, and Eric G. Olsen (appeared), Jeffries, Olson & Flom, PA, Moorhead, MN, for plaintiff and appellant.

Steven L. Marquart, Cahill & Marquart, Moorhead, MN, for defendant and appellee.

KAPSNER, Justice.

[¶ 1] American National Fire Insurance Company, as subrogee of United Crane & Excavation, appeals from a summary judgment dismissing its subrogation action against Gary Hughes. We hold American National is not entitled to subrogation from Hughes because for purposes of subrogation he was not a third party but an implied co-insured under American National's insurance policy with United Crane. We affirm.

I

[¶ 2] United...

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