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ERNST v. ACUITY

No. 20050128.

704 N.W.2d 869 (2005)

2005 ND 179

Keith A. ERNST & Debra L. Egge, in their own rights and interests and as assignees of Shane Kadoun, d/b/a Kadoun Hardwood Flooring, Plaintiffs and Appellants v. ACUITY, a Mutual Insurance Company as insurer of Shane Kadoun, d/b/a Kadoun Hardwood Flooring, Defendant and Appellee.

Supreme Court of North Dakota.

October 24, 2005.

Attorney(s) appearing for the Case

Bruce A. Schoenwald, Stefanson, Plambeck, Foss & Fisher, Moorhead, MN, for plaintiffs and appellants.

Erin M. Conroy (argued) and Richard N. Jeffries (on brief), Jeffries, Olson & Flom, PA, Fargo, ND, for defendant and appellee.

Opinion of the Court by MARING, Justice.

MARING, Justice.

[¶ 1] Keith Ernst and Debra Egge have appealed from a summary judgment dismissing their action seeking recovery of insurance proceeds. We affirm, concluding coverage was excluded by a business risk exclusion in the policy.

I

[¶ 2] In 2003, Ernst and Egge (collectively "Ernst") purchased approximately 2,300 square feet of pre-finished maple flooring for their home. They contracted...

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