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  5. 596 N.W.2d 341 (1999)
 

MIDWEST CAS. INS. CO. v. WHITETAIL

No. 990038.

596 N.W.2d 341 (1999)

1999 ND 133

MIDWEST CASUALTY INSURANCE COMPANY, Plaintiff, Appellant and Cross-Appellee, v. Dorothy WHITETAIL, Defendant, Theresa Anderson, Defendant, Appellee and Cross-Appellant, and Quentin Bruce Whiteman, Defendant.

Supreme Court of North Dakota.

July 13, 1999.

Attorney(s) appearing for the Case

Jerome C. Kettleson, Pearce & Durick, Bismarck, for plaintiff, appellant and cross-appellee.

Peter K. Halbach, Haugland, Halbach and Halbach, Devils Lake, for defendant, appellee and cross-appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Midwest Casualty Insurance Company (Midwest) appealed from a summary judgment declaring Midwest has a duty to defend and potentially indemnify Dorothy Whitetail and Quentin Bruce Whiteman in an action for damages brought against them by Theresa Anderson. We hold the trial court erred in refusing to determine the material question of fact whether Whiteman had permission to operate Whitetail's vehicle. We, therefore, reverse and...

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