Mark v. Travelers Ins. Co.

• Decision Date: 14 July 1993
• Docket Number: No. 930036,930036
• Citation: 503 N.W.2d 848
• Parties: Unpublished Disposition NOTICE: "SUMMARY DISPOSITION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1(a)." Norman E. MARK, Plaintiff and Appellant, v. The TRAVELERS INSURANCE COMPANY, Defendant and Appellee. Civ.
• Court: North Dakota Supreme Court

Page 848

503 N.W.2d 848

Unpublished Disposition

NOTICE: "SUMMARY DISPOSITION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1(a)."

Norman E. MARK, Plaintiff and Appellant, v. The TRAVELERS INSURANCE COMPANY, Defendant and Appellee.

Civ. No. 930036.

Supreme Court of North Dakota.

July 14, 1993.

Appeal from the District Court for Cass County, East Central Judicial District, Norman J. Backes, Judge.

Cahill, Maring & Marquart, Fargo, for plaintiff and appellant; argued by David S. Maring.

Nilles, Hansen & Davies, Ltd., Fargo, for defendant and appellee; argued by E. Thomas Conmy, III.

District Court, Cass County

AFFIRMED.

PER CURIAM.

Norman E. Mark appeals a summary judgment in favor of The Travelers Insurance Company. The trial court ruled that annual fidelity insurance policies, issued by Travelers to Mark since May 1, 1986, were unambiguously continuous and noncumulative for embezzlements by one of Mark's employees during the intervening years to May 1, 1991, thus limiting Mark's recovery to the $20,000 paid by Travelers. Following our recent decision in Kavaney Realtor & Developer, Inc. v. The Travelers Insurance Company, --- N.W.2d ---- (N.D.1993), holding that like policies issued by Travelers were unambiguously continuous and noncumulative, we affirm under NDRAppP 35.1(a)(7).

VANDE WALLE, C.J., and MESCHKE, LEVINE, NEUMANN and SANDSTROM, JJ., concur.