[Go to Documents] | Filed Mar. 26, 1987 |
Pioneer Realty and Land Company, Inc., Plaintiff and Appellant
v.
St. Paul Fire and Marine Insurance Company, Defendant and Appellee
Civil No. 11,364
Appeal from the District Court of Burleigh County, the Honorable Larry M. Hatch, Judge.
AFFIRMED.
Opinion of the Court by Levine, Justice.
Kelsch, Kelsch, Ruff & Austin, Mandan, for plaintiff and appellant; argued by Timothy J. Austin.
Pearce & Durick, Bismarck, for defendant and appellee; argued by Lawrence A. Dopson.
Pioneer Realty & Land Co., Inc. v.St. Paul Fire & Marine Ins. Co.
Levine, Justice.
Pioneer Realty & Land Co. , Inc. appeals from summary judgment dismissing its complaint seeking recovery of legal costs from St. Paul Fire & Marine Ins. Co. on the ground that St. Paul had a duty to defend Pioneer in an earlier lawsuit entitled Bismarck Realty Co. v. Folden, found at 354 N.W.2d 636 (N.D.1984). The judgment is affirmed under Rule 35.1(a)(6), North Dakota Rules of Appellate Procedure.
Beryl J. Levine
Gerald W. VandeWalle
H.F. Gierke III
Herbert L. Meschke
Ralph J. Erickstad, C.J.