DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
173448P.pdf 05/24/2019 Berkley Regional Insurance Co. v. Debbie Bernick-Odom
U.S. Court of Appeals Case No: 17-3448
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Loken, Author, with Colloton and Kelly, Circuit Judges]
Civil case - Insurance. Defendant's husband died in an accident involving
two trucks. Defendant made a claim on her husband's truck's insurer under
the underinsured motorist provision of the policy, and the truck's insurer
brought this declaratory judgment action for a determination as to whether
the other truck was underinsured; held, both insurers had the same $1
million applicable bodily injury limit and, applying the unambiguous
language in North Dakota Century Code Sec. 26.1-40-15.1(2) and the UIM
coverage provision in the policy, the tractor trailer insured by the other
insurance company was not an underinsured motor vehicle.