State Farm Mutual Automobile Insurance Co. v. Estate of Gabel
North Dakota Supreme Court
1Opinion of the Court
SANDSTROM, Justice.
Kenneth E. Gabel suffered a fatal aneurysm while driving his pickup truck. His wife and his estate (Gabels) appeal from summary judgment dismissing their claims against State Farm Mutual Auto Insurance Company for benefits under their no-fault insurance policy, and from an order denying their motion for attorney’s fees. Because the death was not the result of an accident, and did not arise out of the use of a motor vehicle, we affirm the summary judgment. Because the insurance policy does not provide for payment of attorney’s fees, we affirm their denial.
I
Kenneth Gabel…
2Cases cited15 opinions
- Johnson v. HauglandNorth Dakota Supreme Court · 1981
- Binstock v. TschiderNorth Dakota Supreme Court · 1985
- Alvarino v. Allstate InsuranceSupreme Court of Pennsylvania · 1988
- State Farm Fire & Casualty Co. v. SigmanNorth Dakota Supreme Court · 1993
- Ellingson v. KnudsonNorth Dakota Supreme Court · 1993
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
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- Hanneman v. Continental Western Insurance Co.North Dakota Supreme Court · 1998
- Haff v. HettichNorth Dakota Supreme Court · 1999
- Nodak Mutual Insurance Co. v. HeimNorth Dakota Supreme Court · 1997
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