Legal Opinion
Hart Construction Co. v. American Family Mutual Insurance Co.
North Dakota Supreme Court
Decided March 30, 1994No. Civ. 930054PublishedCited by 25 opinions
1Opinion of the Court
SANDSTROM, Justice.
In this case we address the issue of an insurance company’s duty to represent its insured in a lawsuit.
A 1982 winter storm blew down a pole barn being built on the Ballantyne Brothers farm. Claiming its subcontractor was negligent, the seller/contraetor, Menard, Inc., refused to pay the subcontractor, Hart Construction Company, for the additional cost of rebuilding the pole barn. Hart sued Menard and the Ballantynes. Menard and the Bal-lantynes answered, raising the affirmative defense of negligence. Menard cross-claimed against the Ballantynes for failure to maintain…
2Cases cited24 opinions
- The Aetna Casualty and Surety Company v. F. H. Hanna and Margaret Hanna, His WifeCourt of Appeals for the Fifth Circuit · 1955
- Corwin Chrysler-Plymouth, Inc. v. Westchester Fire Insurance Co.North Dakota Supreme Court · 1979
- Continental Casualty Co. v. KinseyNorth Dakota Supreme Court · 1993
- Ladd Construction Co. v. Insurance Co. of North AmericaAppellate Court of Illinois · 1979
- Applegren v. Milbank Mutual Insurance Co.North Dakota Supreme Court · 1978
19 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Northwest G.F. Mutual Insurance Co. v. NorgardNorth Dakota Supreme Court · 1994
- Tibert v. Nodak Mutual Insurance Co.North Dakota Supreme Court · 2012
- Fetch v. QuamNorth Dakota Supreme Court · 2001
- Nodak Mutual Insurance Co. v. HeimNorth Dakota Supreme Court · 1997
- Kief Farmers Cooperative Elevator Co. v. Farmland Mutual InsuranceNorth Dakota Supreme Court · 1995
20 more not listed; retrieve them via the Exa API.