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FARMERS UNION MUT. INS. v. ASSOCIATED ELEC. AND GAS INS. SERV. LTD

No. 20060303.

737 N.W.2d 253 (2007)

2007 ND 135

FARMERS UNION MUTUAL INSURANCE COMPANY, Plaintiff and Appellee, v. ASSOCIATED ELECTRIC AND GAS INSURANCE SERVICES LIMITED, Defendant and Appellant.

Supreme Court of North Dakota.

August 22, 2007.

Attorney(s) appearing for the Case

Chris A. Edison, Storslee Law Firm, P.C., Bismarck, N.D., for plaintiff and appellee.

Tiffany L. Johnson (argued) and Patrick W. Durick (on brief), Pearce & Durick, Bismarck, N.D., for defendant and appellant.

CROTHERS, Justice.

[¶ 1] Associated Electric and Gas Insurance Services Limited ("AEGIS") appeals from a summary judgment requiring AEGIS to submit to equitable allocation and intercompany arbitration under N.D.C.C. § 26.1-41-17. Because we conclude AEGIS's issuance of an excess liability policy does not make it a "motor vehicle liability insurer" under N.D.C.C. § 26.1-41-17, we reverse.

I

[¶ 2] In October 2005, Farmers Union...

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