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BUMANN v. ST. PAUL FIRE AND MARINE INS. CO.

Civ. No. 9974.

312 N.W.2d 459 (1981)

Al BUMANN, Plaintiff and Appellee, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of North Dakota.

November 17, 1981.

Attorney(s) appearing for the Case

Pulkrabek & Tuntland, Mandan, for plaintiff and appellee; argued by Benjamin C. Pulkrabek, Mandan.

Zuger & Bucklin, Bismarck, for defendant and appellant; argued by Thomas O. Smith, Bismarck.

SAND, Justice.

St. Paul Fire & Marine Insurance Co. [hereinafter St. Paul Fire & Marine] appealed from a summary judgment declaring the insurance policy held by Al Bumann was in full force and effect at the time of the fire which burned down the Polar King drive-in at approximately 12:45 a. m. on 28 Dec. 1979. If the policy was in full force and effect at the time of the fire, we must also resolve whether the policy is to be prorated with two other policies...

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