Tibert v. Nodak Mutual Insurance Co.

SANDSTROM, Justice.

[¶ 1] Mark Tibert, Melvin Tibert, Sue Tibert, and William Tibert (“Tiberts”) appeal from a district court summary judgment dismissing their declaratory judgment action against Nodak Mutual Insurance Company (“Nodak”). We affirm in part, reverse in part, and remand for further proceedings, concluding the district court did not err in concluding Nodak had no duty to indemnify the Ti-berts for damages they were ordered to pay in an underlying lawsuit but did err in concluding Nodak had no duty to defend the Tiberts in the lawsuit.

I

[¶ 2] Mark, Melvin, and William Tibert are…