Fobes v. Mutual Services Casualty Insurance Co.

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

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.