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Mr. Zimney () joined the law firm in 1970. He
is licensed to practice in the State of North Dakota, United
States District Court for the District of North Dakota,
United States Eighth Circuit Court of Appeals, and the
United States Supreme Court.
Originally from Jamestown, North Dakota, Mr. Zimney earned
his BSBA from the University of North Dakota in 1966, and
his Juris Doctor from the University of North Dakota in
1970.
Mr. Zimney was a member of the Editorial Board of the North
Dakota Law Review from 1969-1970, and served as Assistant
States Attorney for Grand Forks County from 1971-1973 and
again in 1976-1977. He was also the Arbitrator for the
Public Sector of North Dakota Workers Compensation from
1991-1993. Mr. Zimney has also authored the “Nuts and Bolts”
of North Dakota Insurance Law.
Mr. Zimney is a member of the Federation of Defense &
Corporate Counsel (one of two attorneys in North Dakota),
International Association of Defense Counsel (one of seven
attorneys in North Dakota), DRI, North Dakota Defense
Lawyers Association, North Dakota State Bar, and Grand Forks
County Bar. He is also a qualified mediator, North Dakota
ADR Neutral Roster, arbitrator for the American Arbitration
Association and member of the National Arbitration Forum.
Mr. Zimney is an active speaker at seminars, presenting such
topics as Declaratory Judgments, Reservation of Rights and
Non-waiver Agreements, No-fault, UIM and UM coverage,
Products Liability, Legal Responsibilities of Supervisors,
Coverage Issues and Solutions and Cooperation for a
Successful Defense.
AREAS OF PRACTICE
REPRESENTATIVE CASES
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Capitol Indemnity Corporation v. Evolution, Inc., d/b/a
Tropics Night Club, et al, 293 F.Supp.2d 1067
[Arson/declaratory judgment action discussing public policy
and insurance provisions]
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Park Construction Company v. Lunseth Plumbing and Heating
Co., 2003 WL 1960015 (D.N.D.) [Construction law/unjust
enrichment claim]
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Hanson v. Cincinnati Life Insurance Company, 1997 ND 230,
571 N.W.2d 363 [Issues of life insurer’s termination of
coverage]
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Stewart v. Ryan, et al, 520 N.W.2d 39 (N.D. 1994) [Dram
shop action addressing comparative fault statute and
superseding/intervening cause]
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Rawlings v. Fruhwirth, 455 N.W.2d 574 (N.D. 1990) [Defense
of insurance agent-established standard in North Dakota for
duties of agent. See, N.D.J.I. 530]
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National Farmers Union Property & Casualty Company v. Dairyland Insurance Company, 485 F.Supp. 1009 (N.D. 1980)
[Initial federal court decision in North Dakota which
established primary liability between insurers]
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Symington v. Walle Mutual Insurance Company & Citizens
Insurance Agency, et al, 1997 ND 93, 563 N.W.2d 400
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McGarry v. Skogley, 275 N.W.2d 321 (N.D. 1979) [First
North Dakota Supreme Court decision involving “no-fault”
provisions. Reviewed in Defense Law Journal, Vol. 29, No. 1
at 59]
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Stout v. North Dakota Workers Compensation Bureau, 236
N.W.2d 889 (N.D. 1975) [Unusual exertion test established
resulting in legislative amendment]
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