| 20080068 |
Public Service Commission, Petitioner and Appellee
v.
Minnesota Grain, Inc., Respondent
and
Hartford Fire Insurance Company, Respondent and Appellee
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Jim Broten, Eric Broten, and
Broten Farms, Appellants
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| Issues: | Appellant's Statement of the Issues:
1. Whether N.D.C.C. ch. 60-04 controls these proceedings and controls the administration of a trust created to settle the affairs of an insolvent grain warehouseman.
2. Whether Minnesota Grain, Inc. is an insolvent warehouseman under N.D.C.C. ch. 60-04.
3. Whether Brotens are "receiptholders" of an "insolvent warehouseman" as referenced in N.D.C.C. ch. 60-04.
4. Whether Brotens are therefore entitled to payment from the trust fund created by the Public Service Commission to administer the estate of the insolvent grain warehouseman, Minnesota Grain, Inc.
5. Whether the proper amount of the bond is $100,000 or $200,000.Appellee's Statement of the Issues:
1.Whether N.D.C.C. ch. 60-04 controls these proceedings and controls the administration of a trust created to settle the affairs of an insolvent grain warehouseman.
2.Whether Minnesota Grain, Inc. is an insolvent warehouseman under N.D.C.C. ch. 60-04.
3.Whether Brotens are "receiptholders" of an "insolvent warehouseman" as referenced in N.D.C.C. ch. 60-04.
4.Whether Brotens are therefore entitled to payment from the trust fund created by the Public Service Commission to administer the estate of the insolvent grain warehouseman, Minnesota Grain, Inc.
5.Whether the proper amount of the bond is $100,000 or $200,000. Appellee's Statement of the Issues:
I.Hartford Fire acted as surety on a Grain Elevator Warehouse Bond covering a warehouse operated by Minnesota Grain located in Rhame, North Dakota. Minnesota Grain's obligation to the Brotens was not incurred at or through the operation of its Rhame
warehouse, nor did the Brotens receive scale tickets or other receipts with the Rhame warehouse designation. Does the Grain Elevator Warehouse Bond at issue here apply to such transactions?
II.The Grain Elevator Warehouse Bond carries a penal sum of $100,000. The Bond and applicable statute provide that in no event shall the aggregate liability of the surety accumulate for each successive annual license renewal period during which the
Bond is in force but, for losses during any annual license renewal period, shall be limited in the aggregate to the stated Bond amount. Can the Bond amount be aggregated to provide more than $100,000?
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