Opinion
No. 20000065
Decided February 15, 2001
Appeal from the District Court of Sioux County, South Central Judicial District, the Honorable Benny A. Graff, Judge.
AFFIRMED.
Chad R. McCabe, Vinje Law Firm, 523 North 4th Street, Bismarck, N.D. 58501-4055, for plaintiffs and appellants.
Jason R. Vendsel, McGee, Hankla, Backes Dobrovolny, P.O. Box 998, Minot N.D. 58702-0998, for defendant and appellee.
NOTE: SUMMARY OPINION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1
[¶ 1] Vince Carry Mocassin, Jr., and Angela Halsey appeal from a summary judgment dismissing their claims against State Farm Mutual Automobile Insurance Company for deceit, negligent misrepresentation, bad faith, and infliction of emotional distress. We affirm under N.D.R.App.P. 35.1(a)(6) and (7), Dvorak v. American Family Mutual Insurance Co., 508 N.W.2d 329 (N.D. 1993) (an insurer's duty of good faith and fair dealing extends to its insured, but not third-party claimants, and there is no claim for relief under N.D.C.C. § 26.1-04-03(9) absent a showing the insurer has committed violations with a frequency indicating a general business practice), and Volk v. Wisconsin Mortgage Assurance Co., 474 N.W.2d 40 (N.D. 1991) (same).
[¶ 2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Carol Ronning Kapsner
Mary Muehlen Maring
William A. Neumann