Grinnell Mutual Reinsurance Co. v. Center Mutual Ins. Co.

20020073

Grinnell Mutual Reinsurance
Company, Plaintiff and Appellee
v.
Center Mutual Insurance Company, Defendant and Appellant

Appeal from:

District Court, Northwest Judicial District, Ward County
Judge Gary A. Holum

Nature of Action:

Counsel:

Appellee:		Zuger Kirmis & Smith
Appellant:		Bucklin, Klemin, McBride & Schweigert, P.C.

Term:

09/2002 Argument: 09/05/2002 02:45pm

ND cite:

2003 ND 50

NW cite:

658 N.W.2d 363

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Issues:

Appellant's Statement of the Issues:
A. Did the District Court err in determining that the personal auto insurance policy issued by Center Mutual Insurance Company to Steven R. Haskins provided indemnity coverage for the injury to James D. Jones on April 22, 1990, rather than the farm insurance policy issued to Haskins by Grinnell Mutual Reinsurance Company?
B. Did the District Court err by failing to determine whether it was appropriate to apportion liability for indemnity between both Grinnell Mutual Reinsurance Company and Center Mutual Insurance Company?
C. Did the District Court err in determining that Center Mutual Insurance Company was obligated to pay the "guarantee" made by Grinnell Mutual Reinsurance to the United States for medical services provided to James D. Jones under the federal Medical Care Recovery Act?
D. Did the District Court err in awarding interest to Grinnell Mutual Reinsurance Company?

Appellee's Statement of the Issues:
I. Did the District Court correctly determine that the personal auto insurance policy issued by Center Mutual Insurance Company to Steven R. Haskins provided indemnity coverage for the injury to James D. Jones on April 22, 1990.
II. Did the District Court correctly determine that the farm insurance policy issued by Grinnell Mutual Reinsurance Company to Steven R. Haskins did not provide or specifically excluded coverage for the injury to James D. Jones on April 22, 1990.
III. Did the District Court correctly determine that Center Mutual Insurance Company is obligated to reimburse Grinnell Mutual Reinsurance Company for the $17,684 Grinnell guarantied to pay to the United States Government.
IV. Did the District Court abuse its discretion in awarding interest to Grinnell Mutual Reinsurance Company in the manner provided for in the Judgment.

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Docket entries:

1	03/18/2002	NOTICE OF APPEAL: 03/15/2002
2	04/15/2002	RECORD ON APPEAL (2 Vols.)
3	04/22/2002	APPELLANT BRIEF
4	04/22/2002	APPELLANT APPENDIX
5	04/22/2002	ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W.
6	04/26/2002	Corrected Table of Authorities & page 11 for ATB
7	04/26/2002	DISK - ATB (E-mailed)
8	05/17/2002	APPELLEE BRIEF
9	05/17/2002	APPELLEE SUPPLEMENTAL APPENDIX
10	05/17/2002	DISK - AEB
11	08/27/2002	SITTING WITH THE COURT: O'Keefe, James H.
12	09/05/2002	APPEARANCES: Lawrence R. Klemin; Lawrence A. Dopson
13	09/05/2002	ARGUED: Klemin; Dopson (Vol. Y; Page 19)
14	09/05/2002	ORAL ARGUMENT WEBCAST
15	03/26/2003	DISPOSITION: AFFIRMED/PT, REVERSED/PT
16	03/26/2003	SPLIT OPINION: Maring, Mary Muehlen
17	03/26/2003	(CONCUR IN PART AND DISSENT IN PART): Sandstrom, Dale V.: CON/DIS
18	03/26/2003	At the direction of the Court no costs will be taxed on this appeal.
19	03/27/2003	Judgment Mailed to Parties
20	04/17/2003	MANDATE
21	04/22/2003	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
22	07/11/2008	EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/01/2008