North Dakota Supreme Court, 1982

Fobes v. Mutual Services Casualty Insurance Co.

Fobes v. Mutual Services Casualty Insurance Co.
North Dakota Supreme Court · Decided July 1, 1982 · Berning, Erickstad, Paulson, Pederson, Place, Sand, Walle
321 N.W.2d 490; 1982 N.D. LEXIS 295 (North Western Reporter, Second Series)

Fobes v. Mutual Services Casualty Insurance Co.

Opinion of the Court

PEDERSON, Justice.

The disposition of this case is governed by our opinion in a companion case, St. Paul Mercury Insurance Company v. Andrews, 321 N.W.2d 483 (N.D. 1982), which we have decided this date.

Glenda Fobes sought a declaration of her right to “stack” basic no-fault benefits under the North Dakota Auto Accident Reparations Act (Ch. 26-41, NDCC), and under two insurance policies issued by Mutual Services Casualty Insurance Company in effect at the time of the death of her husband, Maurie, in an automobile-railroad collision.

We have concluded that § 26 — 11-03(2), NDCC, prohibits “stacking.” The judgment is reversed.

ERICKSTAD, C. J., VANDE WALLE and SAND, JJ., and BERNING, District Judge, concurs. BERNING, District Judge, sitting in place of PAULSON, J., disqualified.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.