Stuhlmiller v. Nodak Mutual Insurance Co.

GIERKE, Justice.

Arthur Stuhlmiller appeals from a summary judgment dismissing his claims against Nodak Mutual Insurance Company [“Nodak”] and Mark Stuhlmiller. We affirm.

On November 3, 1989, Arthur was injured in a one vehicle accident while riding as a passenger in his own vehicle, which was being driven by his son Mark. Arthur’s vehicle was insured by Nodak. Mark also had a separate automobile insurance policy issued by Nodak which provided underinsured motor vehicle coverage.

Arthur and Mark were both employed by Century Insurance Company [“Century”] and were acting in the course and scope…