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KAMBEITZ v. ACUITY INS. CO.

No. 20090059.

772 N.W.2d 632 (2009)

2009 ND 166

Michael KAMBEITZ and Denise Ann Dockter-Kambeitz, Plaintiffs and Appellants v. ACUITY INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of North Dakota.

September 16, 2009.

Attorney(s) appearing for the Case

Rodney E. Pagel, Pagel Weikum Law Firm, Bismarck, N.D., for plaintiffs and appellants.

Randall J. Bakke (argued) and Shawn A. Grinolds (on brief), Smith Bakke Porsborg & Schweigert, Bismarck, N.D., for defendant and appellee.

MARING, Justice.

[¶ 1] Michael Kambeitz and Denise Ann Dockter-Kambeitz appeal from an order granting summary judgment dismissal of their claim for payment of benefits under the underinsured motorist ("UIM") provisions of a commercial auto insurance policy issued by Acuity Insurance Company. Because fraud or misrepresentation which would relieve an insurer of liability under its insurance policy with the insured does not relieve the insurer of liability to an...

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