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JIM'S HOT SHOT SERV. v. CONTINENTAL WEST. INS.

Civ. No. 10577.

353 N.W.2d 279 (1984)

JIM'S HOT SHOT SERVICE, INC., Plaintiff, Appellant and Cross-Appellee, v. CONTINENTAL WESTERN INSURANCE COMPANY, Defendant, Appellee and Cross-Appellant, and Sun West Insurance Agency, Defendant.

Supreme Court of North Dakota.

June 28, 1984.

Attorney(s) appearing for the Case

Rauleigh D. Robinson, Bismarck, for plaintiff, appellant and cross-appellee Jim's Hot Shot Service, Inc.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendant, appellee and cross-appellant Continental Western Ins. Co.; argued by Thomas A. Mayer.

Zuger & Bucklin, Bismarck, for defendant Sun West Ins. Agency. No appearance.

ERICKSTAD, Chief Justice.

The plaintiff, Jim's Hot Shot Service, Inc. (Hot Shot) filed this action in the District Court of Burleigh County alleging that the defendants, Continental Western Insurance Company (Continental) and Sun West Insurance Agency (Sun West), negligently destroyed its delivery service business. The case was tried before a jury which determined that Hot Shot suffered total damages of $1,500,000; that Continental's negligence caused 70 percent of...

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