The Gabels counterclaimed alleging bad-faith, and asked the district court to award them attorney's fees. The district court had jurisdiction under Art. P. This Court has jurisdiction under Art. II Summary judgment is granted only in the absence of any genuine dispute of material fact. The party seeking summary judgment must show that absence clearly.
All evidence is viewed in the light most favorable to the party opposing summary judgment.
Questions of law are fully reviewable on appeal. III Gabels assert this Court's holding in Weber v. State Farm Mut. In Weber , this Court held a driver on a hunting trip accidentally shot in the back by a passenger exiting his pickup could recover under the North Dakota no-fault statute. Gabel was also occupying the vehicle within the meaning of the statute. Occupancy is not the only no-fault requirement a potential beneficiary must satisfy.