[Go to Docket] | Filed July 14, 1993 |
Norman E. Mark, Plaintiff and Appellant
v.
The Travelers Insurance Company, Defendant and Appellee
Civil No. 930036
Appeal from the District Court for Cass County, East Central Judicial District, the Honorable Norman J. Backes, Judge.
AFFIRMED.
Per Curiam.
Cahill, Maring & Marquart, 1220 Main Ave., Suite 120, P.O. Box 2602, Fargo, ND 58108-2602, for plaintiff and appellant; argued by David S. Maring.
Nilles, Hansen & Davies, Ltd., 1800 Radisson Tower, P.O. Box 2626, Fargo, ND 58108, for defendant and appellee; argued by E. Thomas Conmy, III.
Mark v. The Travelers Insurance Company
Per Curiam.
Norman E. Mark appeals a summary judgment in favor of The Travelers Insurance Company. The trial court ruled that annual fidelity insurance policies, issued by Travelers to Mark since May 1, 1986, were unambiguously continuous and noncumulative for embezzlements by one of Mark's employees during the intervening years to May 1, 1991, thus limiting Mark's recovery to the $20,000 paid by Travelers. Following our recent decision in Kavaney Realtor & Developer, Inc. v. The Travelers Insurance Company, ___ N.W.2d ___ (N.D. 1993), holding that like policies issued by Travelers were unambiguously continuous and noncumulative, we affirm under NDRAppP 35.1(a)(7).
Gerald W. VandeWalle, C.J.
Herbert L. Meschke
Beryl J. Levine
William A. Neumann
Dale V. Sandstrom