Fobes v. Mutual Services Casualty Insurance Co.Civil No. 10149

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-rail road collision.

We have concluded that § 26-41-03(2), NDCC, prohibits "stacking." The judgment is reversed.

Ralph J. Erickstad, C.J.
Paul M. Sand
Vernon R. Pederson
Gerald W. VandeWalle
Wallace D. Berning, District Judge

Berning, D.J. sitting in place of William Paulson, J., disqualified.