Sandberg v. American Family Ins.
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| 20050396 |
Laura Sandberg, Plaintiff and Appellant
v.
American Family
Insurance Company, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Gail H. Hagerty |
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Nature of Action: |
Insurance
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| Counsel: |
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| Term: |
04/2006 Argument: 04/10/2006 10:45am
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| ND cite: |
2006 ND 198
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| NW cite: |
722 N.W.2d 359
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Does an insured's entering into a stipulation regarding benefits with Workforce Safety without obtaining the consent of their insurer affect the insured's ability to pursue an uninsured motorist claim against their insurer?
Appellee's Statement of the Issues:
When an insured enters into an agreement or settlement which adversely affects the rights of the insurer without notifying or obtaining the insurer's written consent is uninsured motorist coverage excluded pursuant to N.D.C.C. 26.1-40-15.6 and the
language of the policy itself?
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| 1 | | 11/21/2005 | |
NOTICE OF APPEAL: 11/18/2005 |
| 2 | | 11/21/2005 | |
ORDER FOR TRANSCRIPT: 11/18/2005 |
| 3 | | 11/21/2005 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 4 | | 11/28/2005 | |
Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL: 01/07/2006 |
| 5 | | 12/21/2005 | |
TRANSCRIPTS DATED 5-9-05 & 9-12-05 (2 volumes) |
| 6 | | 12/21/2005 | |
DISK - tra (5-9-05 & 9-12-05) |
| 7 | | 12/23/2005 | |
RECORD ON APPEAL, w/exception of Entry Nos. 24 & 38--Court Reporter Notes |
| 8 | | 01/30/2006 | |
APPELLANT BRIEF |
| 9 | | 01/30/2006 | |
APPELLANT APPENDIX |
| 10 | | 01/30/2006 | |
DISK (e-mailed) ATB |
| 11 | | 02/21/2006 | |
APPELLEE BRIEF |
| 12 | | 02/22/2006 | |
DISK - AEB |
| 13 | | 03/24/2006 | |
SITTING WITH THE COURT: Webb, Wade L. |
| 14 | | 04/10/2006 | |
APPEARANCES: Jeffrey S. Weikum; Lawrence E. King |
| 15 | | 04/10/2006 | |
ARGUED: Weikum; King |
| 16 | | 04/10/2006 | |
ORAL ARGUMENT WEBCAST |
| 17 | | 09/14/2006 | |
DISPOSITION: REVERSED AND REMANDED |
| 18 | | 09/14/2006 | |
SPLIT OPINION: Maring, Mary Muehlen |
| 19 | | 09/14/2006 | |
(CONCUR SPECIALLY): Crothers, Daniel John: CONCUR |
| 20 | | 09/14/2006 | |
Costs on appeal taxed in favor of appellant |
| 21 | | 09/15/2006 | |
Judgment Mailed to Parties |
| 22 | | 10/05/2006 | |
MANDATE |
| 23 | | 10/10/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |