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PERIUS v. NODAK MUT. INS. CO.

No. 20090239.

782 N.W.2d 355 (2010)

2010 ND 80

Allen PERIUS, Plaintiff and Appellant v. NODAK MUTUAL INSURANCE COMPANY, Defendant and Appellee and Jacob Kessler, Defendant.

Supreme Court of North Dakota.

May 11, 2010.

Attorney(s) appearing for the Case

Scott Andrew Hager, Bismarck, N.D., for plaintiff and appellant.

Mitchell D. Armstrong, Bismarck, N.D., for defendant and appellee.

CROTHERS, Justice.

[¶ 1] Allen Perius appeals from a summary judgment dismissing his action against his motor vehicle insurer, Nodak Mutual Insurance Company, for no-fault benefits and for uninsured motorist coverage. We conclude there are disputed issues of material fact about whether Perius's claimed damages were proximately caused by a motor vehicle accident, and we reverse and remand.

I

[¶ 2] On October 8, 2004, Perius was driving his...

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