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NODAK MUT. INS. CO. v. KOLLER

No. 20150079.

876 N.W.2d 451 (2016)

2016 ND 43

NODAK MUTUAL INSURANCE COMPANY, Plaintiff and Appellee, v. Nickolas Chance KOLLER, as Personal Representative to the Estate of Chase Koller, Defendant. and Chris Kemp, as the guardian and next friend of G.K., and on behalf of all of the heirs at law of Stephanie Nelson, deceased, Defendant and Appellant, v. Todd Anderson, individually and Becky Anderson, individually, Third-Party Defendants.

Supreme Court of North Dakota.

February 22, 2016.

Attorney(s) appearing for the Case

Stephen W. Plambeck (argued), Fargo, N.D., and William P. Harrie (appeared), Fargo, N.D., for plaintiff and appellee.

Daniel M. Traynor (argued), Devils Lake, ND, for defendant and appellant.

[¶1] Chris Kemp, as the guardian of G.K., appeals from a district court's judgment determining that only the lower, "step-down" policy limits of an automobile insurance policy were available in defense of a wrongful death lawsuit resulting from a fatal accident because Chase Koller was not a resident of Todd Anderson's household...

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