Majority: ‘Failure To Perform’ Exclusion Bars Coverage For Loss Over Defective Seed

Mealey's (March 13, 2023, 12:27 PM EDT) -- BISMARCK, N.D. — A majority of the North Dakota Supreme Court held that an insurance policy did not provide coverage for an insured’s alleged losses arising from the failure of its defective seed potatoes, reversing a lower court’s coverage ruling....

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