Center Mutual Insurance Co. v. Thompson
Center Mutual Insurance
Company, Plaintiff and Appellee
Larry Thompson, Defendant and Appellant
Southeast Judicial District,
Judge James M. Bekken
|Nature of Action:||Insurance|
|Term:||09/2000  Argument: 09/05/2000|
|ND cite:||2000 ND 192|
618 N.W.2d 505
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?
|Add Docket 20000118 RSS|
|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|
|27||12/01/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|28||05/23/2000 EXPUNGED - Nonpermanent record items destroyed|