Willard v. Allstate Ins. Co.
Annotate this CaseCourt Description: Summary judgment in a wrongful death action is summarily affirmed under N.D.R.App.P. 35.1(a)(6).
IN THE SUPREME COURT STATE OF NORTH DAKOTA 2012 ND 82
Barbara Willard (deceased) by her heir at law Kenneth C. Willard, Plaintiff and Appellant
v.
Allstate Insurance Company and Five Star, Inc., Defendants Allstate Insurance Company, Appellee
No. 20110314
Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable Richard L. Hagar, Judge.
AFFIRMED.
Per Curiam.
William J. Delmore, P.O. Box 1266, Mandan, N.D. 58554-7266, for plaintiff and appellant.
Michael J. Morley, P.O. Box 14519, Grand Forks, N.D. 58208-4519, for appellee.
Willard v. Allstate Ins. Co.No. 20110314
Per Curiam.
[¶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).
[¶2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Carol Ronning Kapsner
Mary Muehlen Maring
Daniel D. Narum, D.J.
[¶3] The Honorable Daniel D. Narum, D.J., sitting in place of Crothers, J., disqualified.
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