Transamerica v. Farmers Insurance Exchange
North Dakota Supreme Court
1Opinion of the Court
MESCHKE, Justice.
We are asked to choose which liability insurer covers a pedestrian’s claim for the insured’s dog biting her in the face when she walked by the insured’s pickup on a public street. The trial court ruled that the insured’s pickup insurer, Farmers Insurance Exchange, “is responsible to provide primary coverage,” leaving the insured’s mobile home insurer, Transamerica Insurance Companies, with excess coverage. We affirm but modify, holding that both insurers, concurrently and proportionately, share responsibility.
The insured, Robert Anheluk, and his dog, Sam, left his residence…
2Cases cited8 opinions
- National Indemnity Co. v. CorboDistrict Court of Appeal of Florida · 1971
- Norgaard v. Nodak Mutual Insurance CompanyNorth Dakota Supreme Court · 1972
- Hartford Accident & Indemnity Co. v. Civil Service Employees InsuranceCalifornia Court of Appeal · 1973
- Alvarino v. Allstate InsuranceSupreme Court of Pennsylvania · 1988
- Milbank Mutual Insurance Co. v. Dairyland Insurance Co.North Dakota Supreme Court · 1985
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3Cited by17 opinions
- Farmers Union Cooperative Insurance v. Allied Property & Casualty InsuranceNebraska Supreme Court · 1997
- Grinnell Mutual Reinsurance Co. v. Center Mutual Insurance Co.North Dakota Supreme Court · 2003
- Heringlake v. State Farm Fire & Casualty Co.Court of Appeals of Washington · 1994
- Diehl v. Cumberland Mutual Fire InsuranceNew Jersey Superior Court Appellate Division · 1997
- Hawkeye-Security Insurance v. GilbertIdaho Court of Appeals · 1994
12 more not listed; retrieve them via the Exa API.