Legal Opinion

Hiltner v. Owners Insurance Co.

North Dakota Supreme Court

Decided February 24, 2016No. 20140308PublishedCited by 3 opinions

1Opinion of the Court

McEVERS, Justice.

[¶ 1] The United States District Court for the District of North Dakota certified the following question of law to this Court regarding the proper calculation of an offset provision to underinsured motorist coverage under North Dakota law:

Whether the court should deduct no-fault benefits from the award of past economic damages before reduction for the percentage of fault attributable to plaintiff and other parties for whose-conduct the defendant is not responsible.

We answer the certified question, “No.”

I

[¶ 2] In 2Q10, Amy Hiltnqr was seriously injured when she fell off the…

2Cases cited11 opinions

  1. DeCoteau v. Nodak Mutual Insurance Co.North Dakota Supreme Court · 2000
  2. Haff v. HettichNorth Dakota Supreme Court · 1999
  3. Reed v. University of North DakotaNorth Dakota Supreme Court · 1999
  4. North River Insurance Company v. E. James Tabor, Administrator for the Estate of Todd TaborCourt of Appeals for the Third Circuit · 1991
  5. Sandberg v. American Family Insurance Co.North Dakota Supreme Court · 2006

6 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Rice v. NeetherNorth Dakota Supreme Court · 2016
  2. Gillespie v. National Farmers Union Property & Casualty Co.North Dakota Supreme Court · 2016
  3. Hiltner v. Owners Insurance Co.North Dakota Supreme Court · 2016

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