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FARMERS UNION MUT. INS. CO. v. DECKER

No. 20040371.

704 N.W.2d 857 (2005)

2005 ND 173

FARMERS UNION MUTUAL INSURANCE COMPANY, Plaintiff, Appellee and Cross-Appellant v. Martin DECKER, Donald Decker, Gerald Decker, Jamie Iverson, and Rodney Iverson, Defendants, Appellants and Cross-Appellees.

Supreme Court of North Dakota.

October 18, 2005.

Attorney(s) appearing for the Case

William P. Zuger (argued), Bismarck, N.D., for defendants, appellants and cross-appellees.

Ralph A. Vinje (appeared), Vinje Law Firm, Bismarck, N.D., for defendants, appellants and cross-appellees.

Lawrence R. Klemin (argued) and David D. Schweigert, Bucklin, Klemin & McBride, Bismarck, N.D., for plaintiff, appellee and cross-appellant.

KAPSNER, Justice.

[¶ 1] Martin Decker, Donald Decker, Gerald Decker, Jamie Iverson, and Rodney Iverson ("Decker") appeal the summary judgment denying insurance coverage. Farmers Union Mutual Insurance Co. ("Farmers Union") cross-appeals portions of the trial court's order including the award of attorney fees and costs in the underlying action. We affirm the summary judgment and reverse the award of attorney fees and costs in accordance with this opinion.

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