Rask v. Nodak Mutual Ins. Co.
Rask, Plaintiffs and Appellees
v.
Nodak Mutual Insurance
Company, Defendant and Appellant
Judge Ralph Robert Erickson
| Appellant: | Zuger Kirmis & Smith | |
| Appellee: | Hannig & Associates, PA |
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1. Whether the district court erred as a matter of law on an underinsured motorist claim when it held an underinsured motor vehicle is determined by only considering the liability insurance coverage in force for the motor vehicle involved in the accident.
2. Whether the district court erred as a matter of law when it failed to aggregate the payments made under multiple automobile liability insurance policies in force for the motor vehicle accident and compare those payments to the uninsured motorists limits of an automobile insurance policy to determine whether there is an underinsured motor vehicle.
Appellee's Statement of the Issues:
I. Did the District Court err as a matter of law in holding that, when determining whether a motor vehicle involved in a motor vehicle accident is an "underinsured motor vehicle" for purposes of the insurance policy language in question and NDCC 26.1-40-15.1(2), one looks only to the bodily injury liability policy covering the motor vehicle involved in the accident?
II. Did the District Court err as a matter of law in declining to aggregate the coverage limits of all bodily injury liability policies covering the tortfeasor, including those that do not provide coverage for the motor vehicle involved in the accident, when determining whether a motor vehicle is an "underinsured motor vehicle" for purposes of the insurance policy language in question and NDCC 26.1-40-15.1(2)?
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