Fobes v. Mutual Services Casualty Insurance Co.

North Dakota Supreme Court

Fobes v. Mutual Services Casualty Insurance Co.

321 N.W.2d 490, 1982 N.D. LEXIS 295

CourtNorth Dakota Supreme Court

DecidedJuly 1, 1982

DocketCiv. No. 10149

StatusPublished

This text of 321 N.W.2d 490 (Fobes v. Mutual Services Casualty Insurance Co.) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fobes v. Mutual Services Casualty Insurance Co., 321 N.W.2d 490, 1982 N.D. LEXIS 295 (N.D. 1982).

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Opinion

PEDERSON, Justice.

The disposition of this case is governed by our opinion in a companion case, St. Paul Mercury Insurance Company v. Andrews, 321 N.W.2d 483 (N.D.1982), which we have decided this date.

Glenda Fobes sought a declaration of her right to “stack” basic no-fault benefits under the North Dakota Auto Accident Reparations Act (Ch. 26-41, NDCC), and under two insurance policies issued by Mutual Services Casualty Insurance Company in effect at the time of the death of her husband, Maurie, in an automobile-railroad collision.

We have concluded that § 26 — 11-03(2), NDCC, prohibits “stacking.” The judgment is reversed.

ERICKSTAD, C. J., VANDE WALLE and SAND, JJ., and BERNING, District Judge, concurs. BERNING, District Judge, sitting in place of PAULSON, J., disqualified.

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