Farmers Union Mutual Insurance Co. v. Associated Electric & Gas Insurance Services Ltd.

[¶ 26] I respectfully dissent.

[V27] Under N.D.C.C. § 26.1-41-17, which was repealed effective August 1, 2005, a basic no-fault insurer could recover no-fault benefits paid to an injured person from “the motor vehicle liability insurer of a secured person.” One of our basic rules of construction states that the “[code’s] provisions ... are to be construed liberally, with a view to effecting its objects and to promoting justice.” N.D.C.C. § 1-02-01.

[¶ 28] The Auto Accident Reparations Act defines “secured person” as “the owner, operator, or occupant of a secured motor vehicle, ...” N.D.C.C.…