North Dakota Code § 26.1-39-29

Civil remedy actions against property insurers
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Notwithstanding any provision under title 26.1, before a named insured may proceed with a 
bad faith claim against a property insurer, the named insured shall establish through an adverse 
adjudication by a court of law the property insurer breached the insurance contract and a final 
judgment or decree must have been rendered against the insurer.

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