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HOFF v. KREBS

No. 20080249.

763 N.W.2d 520 (2009)

2009 ND 48

Neal HOFF, Brock Hoff, Michael Hoff, Robert Messmer, Clare Messmer, Rosemary V. Baer, Jeffrey A. Baer, Renee R. Baer, Bradley J. Baer, and Audrey J. Hawkins, Plaintiffs v. Blaine Fred KREBS, Loren L. Sayler, Heart River Ranch, L.L.L.P., and Sayler Farms, L.L.L.P., Defendants. Loren L. Sayler, Appellant v. Heart River Ranch, L.L.L.P., Appellee.

Supreme Court of North Dakota.

April 2, 2009.

Attorney(s) appearing for the Case

Paul R. Sanderson (argued) and Jerry W. Evenson (on brief), Zuger Kirmis & Smith, Bismarck, ND, for appellant.

Randall J. Bakke (argued) and Mitchell D. Armstrong (on brief), Smith Bakke Porsborg & Schweigert, Bismarck, ND, for appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Loren Sayler appealed from a district court judgment awarding $67,624.00 to Heart River Ranch, L.L.L.P. in indemnification damages. On appeal, Sayler argues the implied co-insured rule barred any claim against him and there was no express agreement that he would not be a co-insured under the insurance policy. We affirm, holding the implied co-insured rule does not apply to claims arising from a third-party action.

I...

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