Mark v. The Travelers Insurance Company Civil No. 930036

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).

Gerald W. VandeWalle, C.J.
Herbert L. Meschke
Beryl J. Levine
William A. Neumann
Dale V. Sandstrom