Center Mutual Insurance Co. v. Thompson

20000118 Center Mutual Insurance
Company, Plaintiff and Appellee
v.
Larry Thompson, Defendant and Appellant

Appeal from: District Court, Southeast Judicial District, Wells County
Judge James M. Bekken
Nature of Action: Insurance
Counsel:
Appellant: Vinje Law Firm
Appellee: McGee, Hankla, Backes & Dobrovolny
Term: 09/2000   Argument: 09/05/2000  1:30pm
ND cite: 2000 ND 192
NW cite: 618 N.W.2d 505


Issues: Appellant's Statement of the Issues:
1.Did Center Mutual waive its right to challenge liability on the grounds that the endorsement does not apply?
2.Does the Reasonable Expectations Doctrine apply?
3.Was the trial court legally correct in finding that John Thompson was not an employee?
4.Was the trial court factually correct in determining John Thompson was not an employee?

Appellee's Statement of the Issues:
1.Did the trial court correctly conclude that Center Mutual did not waive its right to deny coverage under the endorsement?
2.Did the trial court correctly conclude that the Reasonable Expectations Doctrine does not apply?
3.Did the trial court correctly conclude that, as a matter of law, John Thompson was not an employee?
4.Did the trial court correctly conclude that, under the facts of the case, John Thompson was not an employee?

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Docket entries:
104/24/2000 NOTICE OF APPEAL: 04/18/2000
204/24/2000 ORDER FOR TRANSCRIPT: 04/18/2000
305/01/2000 TRANSCRIPT DATED 8-31-99
405/02/2000 DISK - TRA
505/05/2000 Additional pages 5-12 for TRA of 8-31-99
605/23/2000 RECORD ON APPEAL (2 vols.), Exhibits, & Depositions (2)
706/07/2000 APPELLANT BRIEF
806/07/2000 APPELLANT APPENDIX
906/12/2000 DISK - ATB
1006/20/2000 One copy of Appellant's Appendix (missing when original was filed)
1106/20/2000 Corrected Table of Authorities and corrected pages for ATB
1206/20/2000 DISK - Corrected ATB
1307/17/2000 APPELLEE BRIEF
1407/18/2000 DISK of AEB
1507/18/2000 NOTE: Correct filing date for ATB is 7-12-00 - per letter dated 7-17-00 & attached Cert./Serv.
1607/21/2000 ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W.
1708/03/2000 SITTING WITH THE COURT: Schmalenberger, Allan L.
1809/05/2000 Replacement page 32 for Appendix (inserted as requested)
1909/05/2000 APPEARANCES: Ralph A. Vinje; Jason R. Vendsel
2009/05/2000 ARGUED: Vinje; Vendsel (Vol. X; page 49)
2109/05/2000 ORAL ARGUMENT WEBCAST
2210/31/2000 DISPOSITION: AFFIRMED
2310/31/2000 UNANIMOUS OPINION: Neumann, William A.
2410/31/2000 Costs on appeal taxed in favor of appellee
2510/31/2000 Order/Judgment Mailed to Parties
2611/29/2000 MANDATE
2712/01/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2805/23/2000 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 08/01/2014