Western National Mutual Insurance Co. v. University of North Dakota

SANDSTROM, Justice.

[¶ 1] Western National Mutual Insurance Company (‘Western National”) appeals from a declaratory judgment awarding the University of North Dakota (“UND”) $3,358,533.18, plus prejudgment interest, and costs and attorney fees for property damage in twenty-two buildings on UND’s campus in April 1997. We hold N.D.C.C. §§ 26.1-32-01 and 26.1-32-03 codify the efficient proximate cause doctrine for determining insurance coverage for property damage where an excluded peril and a covered peril contribute to the damage. We also conclude an insurer may not contractually exclude…