Piatz v. Austin Mutual Ins. Co.
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| 20010082 |
Janice A. Piatz and
Rebecca B. Johnson, Plaintiffs and Appellants
v.
Austin Mutual Insurance
Company, a corporation, Defendant and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Lawrence A. Leclerc |
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Nature of Action: |
Insurance
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| Counsel: |
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| Term: |
02/2002 Argument: 02/27/2002 02:45pm
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| ND cite: |
2002 ND 115
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| NW cite: |
646 N.W.2d 681
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Did the court err in ordering separate jury trials to different panels regarding breach of contract and bad faith?
2. Did Austin Mutual waive its defenses that the benefits claimed by Piatz and Johnson were not reasonable or necessary?
3. Did the court err in excluding evidence of Dr. Fielden's volume of and income from prior independent medical examinations?
4. Is a medical doctor qualified to express opinions about whether chiropractic treatment is necessary?
5. Did the court err in finding and concluding Austin Mutual did not breach the contract as to either Piatz or Johnson? Specifically, were the following findings clearly erroneous: 10; 11; 12; 13; 14; 15; 17; 18; and 19.
Appellee's Statement of the Issues:
The findings of fact made by the trial court are not clearly erroneous and result from the opportunity of the trial court to judge the credibility of the witnesses.
Plaintiffs failed to object to the court order bifurcating the contract issues from the bad faith issues.
Austin Mutual did not waive its right to terminate the payment of no-fault benefits by its payment of benefits prior to termination.
The court did not err in excluding affidavit evidence concerning Dr. Fielden's prior independent medical examinations.
The court did not err in permitting Dr. Fielden to testify about future chiropractic care.
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| 1 | | 03/22/2001 | |
NOTICE OF APPEAL: 03/21/2001 |
| 2 | | 03/22/2001 | |
ORDER FOR TRANSCRIPT: 03/21/2001 |
| 3 | | 04/19/2001 | |
RETENTION OF RECORD ON APPEAL: 06/19/2001 |
| 4 | | 05/09/2001 | |
MOT. EXT/TIME TRANSCRIPT |
| 5 | | 05/09/2001 | |
ACTION BY TRIAL COURT. Granted: 06/19/2001 |
| 6 | | 05/10/2001 | |
Transcripts dated 5-3-99, 5-10-99, & 11-29-00 (3 volumes) |
| 7 | | 05/10/2001 | |
DISK - (5-3-99; 5-10-99; & 11-29-00)(E-mail) |
| 8 | | 06/20/2001 | |
RECORD ON APPEAL (3 volumes), Exhibits, & Depositions (3), which includes one video tape. |
| 9 | | 06/20/2001 | |
Not rec'd with the ROA: #16,28,&72(Tapes) & 166 (Steno Notes) |
| 10 | | 06/20/2001 | |
TRANSCRIPT COMMENCING 12-11-00 (3 VOLUMES) |
| 11 | | 06/21/2001 | |
DISK - TRA (12-11-00; 12-12-00; & 12-13-00) |
| 12 | | 07/19/2001 | |
STAY PENDING BANKRUPTCY |
| 13 | | 10/05/2001 | |
Letter from Lee Hagen with attached copy of Discharge of Debtor in Bankruptcy |
| 14 | | 10/05/2001 | |
MOT. EXT/TIME APPELLANT BRIEF (sua sponte) |
| 15 | | 10/05/2001 | |
ACTION BY CLERK (sua sponte). Granted: 11/05/2001 |
| 16 | | 10/26/2001 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 17 | | 10/26/2001 | |
ACTION BY CLERK (MAT). Granted: 12/05/2001 |
| 18 | | 11/30/2001 | |
APPELLANTS' MOTION FOR CORRECTION OF THE RECORD, BRIEF IN SUPPORT |
| 19 | | 11/30/2001 | |
NO ACTION TAKEN (referred back to the trial court -- originals returned to Mr. Hagen) |
| 20 | | 12/05/2001 | |
APPELLANT BRIEF |
| 21 | | 12/05/2001 | |
APPELLANT APPENDIX (missing Table of Contents) |
| 22 | | 12/06/2001 | |
MOT. EXT/TIME APPELLEE BRIEF; AFFIDAVIT IN SUPPORT |
| 23 | | 12/06/2001 | |
ACTION BY CLERK (MAE; w/understanding OA will be heard in February). Granted: 01/21/2002 |
| 24 | | 12/13/2001 | |
Ltr from Leland Hagen indicating no objection to extension of time |
| 25 | | 12/14/2001 | |
DISK - ATB |
| 26 | | 12/14/2001 | |
Table of Authorities and page for ATB and Table of Contents for ATA |
| 27 | | 12/20/2001 | |
Supplemental Clerk's Certificate dated 12-19-01 (Entry Nos. 177-185) |
| 28 | | 01/21/2002 | |
APPELLEE BRIEF |
| 29 | | 01/21/2002 | |
APPELLEE APPENDIX |
| 30 | | 01/23/2002 | |
DISK - AEB |
| 31 | | 02/07/2002 | |
REPLY BRIEF (Dist. to Ct. & Law Clerk) |
| 32 | | 02/07/2002 | |
DISK - E-mailed RYB |
| 33 | | 02/27/2002 | |
APPEARANCES: Leland F. Hagen; Timothy J. McLarnan |
| 34 | | 02/27/2002 | |
ARGUED: Hagen; McLarnan (Vol. X; Page 207) |
| 35 | | 02/27/2002 | |
ORAL ARGUMENT WEBCAST |
| 36 | | 07/11/2002 | |
DISPOSITION: AFFIRMED |
| 37 | | 07/11/2002 | |
UNANIMOUS OPINION: Neumann, William A. |
| 38 | | 07/11/2002 | |
(CONCUR in the result): Maring, Mary Muehlen: CON/RES |
| 39 | | 07/11/2002 | |
Costs on appeal taxed in favor of appellee |
| 40 | | 07/15/2002 | |
Order/Judgment Mailed to Parties |
| 41 | | 08/07/2002 | |
MANDATE |
| 42 | | 08/13/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 43 | | 08/14/2007 | |
EXPUNGED - Nonpermanent record items destroyed |