Willard v. Allstate Ins. Co.

¶1Filed 4/18/12 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72012 ND 82

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¶11Barbara Willard (deceased) by her heir at law

¶12Kenneth C. Willard, Plaintiff and Appellant

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¶14v.

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¶16Allstate Insurance Company and Five Star, Inc., Defendants

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¶18Allstate Insurance Company, Appellee

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¶22No. 20110314

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¶26Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable Richard L. Hagar, Judge.

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¶28AFFIRMED.

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¶30Per Curiam.

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¶32William J. Delmore, P.O. Box 1266, Mandan, N.D. 58554-7266, for plaintiff and appellant.

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¶34Michael J. Morley, P.O. Box 14519, Grand Forks, N.D. 58208-4519, for appellee.

¶35Willard v. Allstate Ins. Co.

¶36No. 20110314

¶37

¶38Per Curiam.

¶39[¶1] Kenneth C. Willard, as heir at law of Barbara Willard, appealed from a district court order granting Allstate Insurance Company’s motion for summary judgment and the court’s judgment dismissing his wrongful death action.  On appeal, Willard argues Allstate is liable for the claimed damages under state law and the terms of the homeowner’s insurance policy and the court erred in granting summary judgment.  We summarily affirm the district court’s order and judgment under N.D.R.App.P. 35.1(a)(6).

¶40[¶2] Gerald W. VandeWalle, C.J.

¶41Dale V. Sandstrom

¶42Carol Ronning Kapsner

¶43Mary Muehlen Maring

¶44Daniel D. Narum, D.J.

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¶46[¶3] The Honorable Daniel D. Narum, D.J., sitting in place of Crothers, J., disqualified.