Scott A. Dahms & Shannon K. Dahms, Plaintiffs and Appellants
Nodak Mutual Insurance Company and Mike Bruckbauer, Defendants and Appellees
from the District Court of Cass County, East Central Judicial
District, the Honorable Steven E. McCullough, Judge.
Jonathan T. Garaas, Fargo, ND, for plaintiffs and appellants.
A. Wilson, Grand Forks, ND, for defendant and appellee Nodak
Mutual Insurance Company.
M. L. Bachman (argued), and Jason T. Mohr (on brief),
Minneapolis, MN, for defendant and appellee Mike Bruckbauer.
VANDEWALLE, CHIEF JUSTICE.
1] Scott and Shannon Dahms appealed from a summary judgment
dismissing their action against Nodak Mutual Insurance
Company to obtain additional insurance payments, and against
their insurance agent, Mike Bruckbauer, for damages resulting
from his alleged violation of professional duties owed to
them. Because the district court correctly interpreted the
insurance policy as applied to the undisputed facts, and
because the Dahms failed to raise a genuine issue of fact to
support their professional negligence claim, we affirm.
2] In 2008 the Dahms purchased a Nodak homeowners insurance
policy through Bruckbauer, an independent insurance agent,
and the policy was renewed annually. At the time, the
Dahms' Fargo property consisted of a two-story residence
and a detached two-story carriage house which was used as a
garage. After purchasing the insurance policy, the Dahms
constructed a deck between their dwelling house and the
garage. The "fairly elaborate deck" was attached to
the garage and lag-bolted to the house. The Dahms did not
inform Bruckbauer about the addition of the deck. In April
2013, the garage was destroyed by fire and the estimated
damage exceeded $87, 003.40.
3] The property coverage provision of the insurance policy
A. Coverage A Dwelling
1. We cover:
a. The dwelling on the "residence premises" shown
in the Declarations, including structures attached to the
b. Materials and supplies located on or next to the
"residence premises" used to construct, alter or
repair the dwelling or other structures on the