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Norton v. Brown12/16/1999 en the insurer's final offer was deemed unacceptable that Mr. Norton filed his complaint for damages in court. This being the case, Mr. Norton should have understood that Mr. Brown clearly intended to defend the action. We reverse and remand for a trial on the merits. This being the case, we need not reach the merits of Mr. Brown's other claims.
Reversed and remanded for trial.
Schultheis, C.J.
WE CONCUR:
Sweeney, J.
Brown, J.
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