Smith v. American Family Mutual Insurance Co.

VANDE WALLE, Justice.

American Family Mutual Insurance Company (“American Family”) appeals from a judgment entered against it upon a jury verdict in favor of Kenneth A. Smith. It also appeals from the trial court’s order denying its motions for judgment notwithstanding the verdict or, in the alternative, a new trial. We affirm.

In February 1976, American Family, through James Erickson as agent, sold an automobile insurance policy to Smith providing liability and collision coverage for Smith’s 1970 automobile. At that time Smith was working as a contract deputy sheriff in Wildrose, North Dakota.…