Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
9 North Dakota opinions name it 1 courts 1967–2013 0 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Nationwide Mutual Insurance v. Wengergreen1 sentence2013Ins Co. v. Wenger , 278 S.E.2d 874, 876 (Va. 1981) (quoting Haugan v. Home Indem. | 1 | 1 |
cluster 606669green1 sentence2009Asbestos Litigation, 993 F.2d 313, 314 (2d Cir.1993) (“ ‘[Clover-age’ ... is the amount and extent of the risk [an insurer] contractually assumed, as specified in the insuring clause and exclusions.”); Traders State Bank v. Continental Ins. | 1 | 1 |
The Traders State Bank, Glen Elder, Kansas v. The Continental Insurance Companygreen1 sentence2009Co., 448 F.2d 280, 283 (10th Cir.1971) (“The word coverage is, indeed, a term of art in the insurance industry, meaning ‘the sum of all the risks assumed under the policy.’ ”); Guaranty Nat’l Ins. | 1 | 1 |
Blackfield v. Underwriters at Lloyd's, Londongreen2 sentences1994If the allegations of the claimant’s complaint would support a recovery upon a risk covered by the insurer’s policy, then the duty to defend is present.’ ” Kyllo at 634 , (quoting Blackfield v. Underwriters at Lloyd’s, London, 245 Cal.App.2d 271 , 53 Cal.Rptr. 838, 840 (1966)). 1994If the allegations of the claimant’s complaint would support a recovery upon a risk covered by the insurer’s policy, then the duty to defend is present.’ ” Kyllo at 634 , (quoting Blackfield v. Underwriters at Lloyd’s, London, 245 Cal.App.2d 271 , 53 Cal.Rptr. 838, 840 (1966)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Dundee Mutual Insurance Co. v. Marifjeren
green
2 sentences2001Co. v. Marifjeren, 1998 ND 222, ¶ 9 , 587 N.W.2d 191 . [¶ 11] The Nodak Mutual policy's insuring clause pertaining to underinsured motor vehicle coverage provides: We will pay damages for bodily injury: 1. caused by accident; and 2. arising out of the maintenance or use of an under-insured motor vehicle. 2001Co. v. Marifjeren, 1998 ND 222, ¶ 9 , 587 N.W.2d 191 . [¶ 11] The Nodak Mutual policy's insuring clause pertaining to underinsured motor vehicle coverage provides: We will pay damages for bodily injury: 1. caused by accident; and 2. arising out of the maintenance or use of an under-insured motor vehicle. | 1 | 2001–2001 |
Johnson v. State Farm Mutual Automobile Insurance
green
2 sentences2001Id. [3] The special concurrence of Justice Neumann concludes this interpretation of the exception "completely gobbles up the exclusion, making it meaningless." That is not true. 2001Id. | 1 | 2001–2001 |
Hart Construction Co. v. American Family Mutual Insurance Co.
green
1 sentence1995We said that “ ‘damages’ in the insuring clause of Hart’s CGL policy is broad enough to include a suit for indemnification.” Id. at 390 . | 1 | 1995–1995 |
Kyllo v. Northland Chemical Co.
green
2 sentences1994The insuring clause of Hart’s policy provides: “The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of A. bodily injury, or B. property damage To which this insurance applies, caused by an occurrence, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedie 1994The insuring clause of Hart's policy provides: "The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of A. bodily injury, or B. property damage To which this insurance applies, caused by an occurrence, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedie | 1 | 1994–1994 |
Millers Mutual Fire Insurance v. Ed Bailey, Inc.
green
1 sentence1990In Ed Bailey, supra, the Supreme Court of Idaho interpreted an insurance policy with the identical insuring clause as the American States policy. | 1 | 1990–1990 |
St. Paul Fire and Marine Insurance Company v. Northern Grain Company
green
1 sentence1973Paul Fire and Marine Insurance Co. v. Northern Grain Co., 365 F.2d 361 (8 Cir. 1966), the insuring clause was substantially the same as that in the instant case, but exclusions such as Exclusion (h) in the case at bar were not present in the Northern Grain case. | 1 | 1973–1973 |
Fowler v. First National Life Insurance Co. of America
green
2 sentences1967In Fowler v. First National Life Insurance Company of America, 71 N.M. 364 , 378 P.2d 605 , the New Mexico court, construing an identical insuring clause, held there was coverage when the insured was injured entering his automobile from the right side. 1967In Fowler v. First National Life Insurance Company of America, 71 N.M. 364 , 378 P.2d 605 , the New Mexico court, construing an identical insuring clause, held there was coverage when the insured was injured entering his automobile from the right side. | 1 | 1967–1967 |
Standard Life & Accident Insurance Co. v. Hardee
green
2 sentences1967In Standard Life & Accident Insurance Company v. Hardee, Tex.Civ.App., 330 S.W.2d 544 , 78 A.L.R.2d 1040 , the Texas court held there was coverage under an identical insuring clause when the insured was killed while standing on the flat bed of his truck which was stuck. 1967In Standard Life & Accident Insurance Company v. Hardee, Tex.Civ.App., 330 S.W.2d 544 , 78 A.L.R.2d 1040 , the Texas court held there was coverage under an identical insuring clause when the insured was killed while standing on the flat bed of his truck which was stuck. | 1 | 1967–1967 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.