Dvorak v. American Family Mutual Insurance Co.

I concur in the result of the majority opinion. I write separately to remark on two features of the majority opinion.

The Dvoraks did not rely on the no-fault insurance coverage in this case. Unlike a fault-based plaintiff, a claimant under a no-fault policy is made the insured by law. NDCC 26.1-41-06. If the Dvoraks had claimed that American Family failed to offer no-fault benefits in the first settlement attempt, this case would be controlled by Szarkowski v. Reliance Insurance Company, 404 N.W.2d 502 (N.D.1987). However, the Dvoraks did not make this argument to the trial court or to this…