Fobes v. Mutual Services Cas. Ins. Co.

Full title: Glenda FOBES, individually and as next friend for Brian Fobes, a minor…

Court: Supreme Court of North Dakota

Date published: Jul 1, 1982

321 N.W.2d 490 (N.D. 1982)

Opinion

Civ. No. 10149.

July 1, 1982.

Appeal from the District Court, Cass County; John O. Garaas, Judge.

Pitsenbarger Miller, Moorhead, Minn., and Conmy, Feste Bossart, Fargo, for plaintiff and appellee; argued by Keith L. Miller, Moorhead, Minn.

Cahill Law Office, Moorhead, Minn., for defendant and appellant; argued by Steven L. Marquart, Moorhead, Minn.

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 § 26-41-03(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.