Continental Casualty Co. v. Kinsey

LEVINE, Justice.

Robert Kinsey and his professional corporation (Kinsey) appeal from a final judgment, datéd July 9,1993, dismissing Kinsey’s counterclaim against Continental Casualty Company (Continental). We conclude that Kinsey has failed to raise a genuine issue of material fact on the counterclaim and that Continental is entitled to summary judgment. We affirm.

The facts underlying this litigation are fully set forth in Bjorgen v. Kinsey, 466 N.W.2d 553 (N.D.1991), and Continental Casualty Co. v. Kinsey, 499 N.W.2d 574 (N.D.1993) (Kinsey I), and will be repeated here only when relevant to…