Center Mutual Insurance Co. v. Thompson
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| 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: |
|
| Term: |
09/2000 Argument: 09/05/2000 01:30pm
|
| ND cite: |
2000 ND 192
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| NW cite: |
618 N.W.2d 505
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| 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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 Add Docket 20000118 RSS
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| 1 | | 04/24/2000 | |
NOTICE OF APPEAL: 04/18/2000 |
| 2 | | 04/24/2000 | |
ORDER FOR TRANSCRIPT: 04/18/2000 |
| 3 | | 05/01/2000 | |
TRANSCRIPT DATED 8-31-99 |
| 4 | | 05/02/2000 | |
DISK - TRA |
| 5 | | 05/05/2000 | |
Additional pages 5-12 for TRA of 8-31-99 |
| 6 | | 05/23/2000 | |
RECORD ON APPEAL (2 vols.), Exhibits, & Depositions (2) |
| 7 | | 06/07/2000 | |
APPELLANT BRIEF |
| 8 | | 06/07/2000 | |
APPELLANT APPENDIX |
| 9 | | 06/12/2000 | |
DISK - ATB |
| 10 | | 06/20/2000 | |
One copy of Appellant's Appendix (missing when original was filed) |
| 11 | | 06/20/2000 | |
Corrected Table of Authorities and corrected pages for ATB |
| 12 | | 06/20/2000 | |
DISK - Corrected ATB |
| 13 | | 07/17/2000 | |
APPELLEE BRIEF |
| 14 | | 07/18/2000 | |
DISK of AEB |
| 15 | | 07/18/2000 | |
NOTE: Correct filing date for ATB is 7-12-00 - per letter dated 7-17-00 & attached Cert./Serv. |
| 16 | | 07/21/2000 | |
ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W. |
| 17 | | 08/03/2000 | |
SITTING WITH THE COURT: Schmalenberger, Allan L. |
| 18 | | 09/05/2000 | |
Replacement page 32 for Appendix (inserted as requested) |
| 19 | | 09/05/2000 | |
APPEARANCES: Ralph A. Vinje; Jason R. Vendsel |
| 20 | | 09/05/2000 | |
ARGUED: Vinje; Vendsel (Vol. X; page 49) |
| 21 | | 09/05/2000 | |
ORAL ARGUMENT WEBCAST |
| 22 | | 10/31/2000 | |
DISPOSITION: AFFIRMED |
| 23 | | 10/31/2000 | |
UNANIMOUS OPINION: Neumann, William A. |
| 24 | | 10/31/2000 | |
Costs on appeal taxed in favor of appellee |
| 25 | | 10/31/2000 | |
Order/Judgment Mailed to Parties |
| 26 | | 11/29/2000 | |
MANDATE |
| 27 | | 12/01/2000 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 28 | | 05/23/2000 | |
EXPUNGED - Nonpermanent record items destroyed |