Richard v. Fliflet

North Dakota Supreme Court

Decided June 27, 1985

North Dakota Supreme Court · decided 1985-06-27

Relies on Hughes v. State Farm Mutual Automobile Insurance Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1985-06-27

How this case has been cited

Cited by 14 later decisions — most recently February 2010

1 district · 12 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PEDERSON, Surrogate Justice,

¶1concurring specially.

¶2The Chief Justice correctly interprets what the majority of this court held in Hughes v. State Farm Mut. Auto. Ins. Co., 236 N.W.2d 870 (N.D.1975). I did not agree with that majority view in 1975 and I still believe it was wrong. Never-the-less, the law is expounded in majority opinions, *536not dissents. The legislature, I thought, should have taken corrective action after this court’s decision in 1975. It did not and as a consequence, we presume that it has concurred.

¶3Why the liability insurance premiums have not been adjusted upward to cover the added exposure resulting from Hughes v. State Farm, I do not know. It would be difficult to argue that higher premiums are not justified.