Legal Opinion

Dundee Mutual Insurance Co. v. Balvitsch

North Dakota Supreme Court

Decided November 30, 1995No. Civ. 950068PublishedCited by 15 opinions

1Opinion of the Court

MESCHKE, Justice.

Vernon Hoyt, as personal representative of the estate of Corey Hoyt (Estate), appealed a judgment declaring that a farm liability policy issued by Dundee Mutual Insurance Company to Frank and Sandra Balvitsch covered their pickup in a collision that killed Corey, and that Dundee had not waived its right to assert other defenses to a settlement between the Estate and the Balvitsches. We direct the trial court to modify the judgment by striking the clause about no waiver of other defenses to the settlement and, as modified, we affirm the judgment.

The collision occurred in…

2Cases cited5 opinions

  1. Miller v. ShugartSupreme Court of Minnesota · 1982
  2. Continental Casualty Co. v. KinseyNorth Dakota Supreme Court · 1993
  3. Applegren v. Milbank Mutual Insurance Co.North Dakota Supreme Court · 1978
  4. Sellie v. North Dakota Insurance Guaranty Ass'nNorth Dakota Supreme Court · 1992
  5. Blackburn, Nickels & Smith, Inc. v. National Farmers Union Property & Casualty Co.North Dakota Supreme Court · 1990

3Cited by15 opinions

  1. Fisher v. American Family Mutual Insurance Co.North Dakota Supreme Court · 1998
  2. D.E.M. v. AllicksonNorth Dakota Supreme Court · 1996
  3. Thompson v. ThompsonNorth Dakota Supreme Court · 2012
  4. Interest of T.H.North Dakota Supreme Court · 2012
  5. American Family Insurance v. Waupaca Elevator Co.North Dakota Supreme Court · 2012

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