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PIONEER STATE MUT. v. BEAR CREEK GRAVEL

No. 20200170.

956 N.W.2d 377 (2021)

2021 ND 53

PIONEER STATE MUTUAL INSURANCE COMPANY, Plaintiff and Appellant v. BEAR CREEK GRAVEL INC.; Pat and Delores Anderson; and Mary L. Miller, deceased, through her known Heirs Richard Miller, Sarah Miller Wohl, Jay Miller, and Betsey Seter a/k/a/ Betsy Seter, Defendants and Appellees and Auto-Owners Insurance Company; Ty Kirby, AAA Insurance, Defendants.

Supreme Court of North Dakota.

Filed March 24, 2021.

Attorney(s) appearing for the Case

Jonathon F. Yunker , Devils Lake, ND, for plaintiff and appellant.

Michael J. Morley (argued) and Victoria A. Thoreson (appeared), Grand Forks, ND, for defendants and appellees Bear Creek Gravel Inc.; and Pat and Delores Anderson.

Kellen B. Bubach (argued) and Daniel J. Dunn (appeared), Fargo, ND, for defendants and appellees Mary L. Miller, deceased, through her known Heirs Richard Miller, Sarah Miller Wohl, Jay Miller, and Betsey Seter a/k/a/ Betsy Seter.

[¶1] Pioneer State Mutual Insurance Company appeals from a declaratory judgment finding the automobile policy issued by Pioneer to Ty Kirby provided insurance coverage. We affirm.

I

[¶2] On April 24, 2017, Kirby was involved in a motor vehicle accident with Mary Miller. Kirby was driving a 2002 Dodge...

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