DeCoteau v. Nodak Mutual Insurance Co.

SANDSTROM, Justice.

[¶ 1] James Joseph DeCoteau appealed from a summary judgment dismissing his action against Nodak Mutual Insurance Company for underinsured motorist coverage. We hold there is a material issue of fact about whether Nodak’s 1992 or 1994 version of its insurance policy was in effect when DeCoteau was involved in an automobile accident. Because there is a material issue of fact about which policy was in effect when the accident occurred and De-Coteau may be entitled to underinsured benefits under the 1992 policy, we reverse and remand for further proceedings.

I

[¶ 2] DeCoteau was…