Carry Mocassin v. State Farm

Carry Mocassin v. State Farm, 2001 ND 26, 625 N.W.2d 264

[Go to Documents]Filed Feb. 15, 2001[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2001 ND 26

Vince Carry Mocassin, Jr., and Angela Halsey, Plaintiffs and Appellants
v.
State Farm Mutual Automobile Insurance Company, Defendant and Appellee

No. 20000065

Appeal from the District Court of Sioux County, South Central Judicial District, the Honorable Benny A. Graff, Judge.
AFFIRMED.
Per Curiam.
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.

Carry Mocassin v. State Farm
No. 20000065

Per Curiam.

[¶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