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HASPER v. CENTER MUT. INS. CO.

No. 20050316.

723 N.W.2d 409 (2006)

2006 ND 220

Jason HASPER, Plaintiff and Appellant, v. CENTER MUTUAL INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of North Dakota.

October 23, 2006.

Attorney(s) appearing for the Case

David S. Maring (argued) and Anthony J. Weiler (on brief), Maring Williams Law Office, Bismarck, N.D., for plaintiff and appellant.

Steven A. Storslee, Storslee Law Firm, P.C., Bismarck, N.D., for defendant and appellee.

KAPSNER, Justice.

[¶ 1] Jason Hasper has appealed from a judgment dismissing his claim for underinsured motorist ("UIM") benefits against Center Mutual Insurance Company ("Center Mutual"). We reverse and remand for further proceedings, concluding that a UIM insurer which seeks to deny coverage based upon the insured's failure to notify the insurer of a proposed settlement with the tortfeasor must demonstrate that it

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