TRANSAMERICA v. FARMERS INS. EXCHANGE

Civ. No. 900100.

463 N.W.2d 641 (1990)

TRANSAMERICA, Plaintiff and Appellee, v. FARMERS INSURANCE EXCHANGE, a Reciprocal or Inter-Insurance Exchange, Defendant and Appellant.

Supreme Court of North Dakota.

November 29, 1990.


Attorney(s) appearing for the Case

Zuger Law Offices, Bismarck, for plaintiff and appellee; argued by Paul J. Bowlinger.

Lucas and Smith, Bismarck, for defendant and appellant; argued by A. William Lucas.


MESCHKE, Justice.

We are asked to choose which liability insurer covers a pedestrian's claim for the insured's dog biting her in the face when she walked by the insured's pickup on a public street. The trial court ruled that the insured's pickup insurer, Farmers Insurance Exchange, "is responsible to provide primary coverage," leaving the insured's mobile home insurer, Transamerica Insurance Companies, with excess coverage. We affirm but modify, holding that both...

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