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TIBERT v. NODAK MUT. INS. CO.

No. 20110143.

816 N.W.2d 31 (2012)

2012 ND 81

Mark L. TIBERT, Melvin J. Tibert, Sue Votava Tibert, and William Tibert, Plaintiffs and Appellants v. NODAK MUTUAL INSURANCE COMPANY, a North Dakota Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

April 12, 2012.

Attorney(s) appearing for the Case

Scott D. Jensen , Grand Forks, N.D., for plaintiffs and appellants.

Scott K. Porsborg , Bismarck, N.D., for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] Mark Tibert, Melvin Tibert, Sue Tibert, and William Tibert ("Tiberts") appeal from a district court summary judgment dismissing their declaratory judgment action against Nodak Mutual Insurance Company ("Nodak"). We affirm in part, reverse in part, and remand for further proceedings, concluding the district court did not err in concluding Nodak had no duty to indemnify the Tiberts for damages they were ordered to

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