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STATE EX REL. HOUSING FINANCE AGENCY v. CENTER MUT. INS. CO.

No. 20050224.

720 N.W.2d 425 (2006)

2006 ND 175

STATE of North Dakota ex rel. NORTH DAKOTA HOUSING FINANCE AGENCY, Plaintiff and Appellee v. CENTER MUTUAL INSURANCE COMPANY, a North Dakota corporation, Defendant and Appellant.

Supreme Court of North Dakota.

August 2, 2006.

Attorney(s) appearing for the Case

Douglas Bruce Anderson, Assistant Attorney General, Office of Attorney General, Bismarck, N.D., for plaintiff and appellee.

Chris A. Edison, Storslee Law Firm, P.C., Bismarck, N.D., for defendant and appellant.

MARING, Justice.

[¶ 1] Center Mutual Insurance Company ("Center Mutual") appealed from a district court judgment holding Center Mutual liable to the North Dakota Housing Finance Agency ("NDHFA") for the amount of an insurance proceeds check paid over a forged endorsement. We affirm, concluding Center Mutual was not discharged on the improperly paid check and was liable to NDHFA for the amount of the check.

I

[¶ 2] In 1994, Brian and Penny...

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