Farmers Alliance Mutual Ins. Co. v. Hulstrand Construction, Inc.
Farmers Alliance Mutual
Insurance Co., a foreign
insurance corporation, Plaintiff and Appellant
Hulstrand Construction, Inc.,
a North Dakota Corporation, Defendant and Appellee
Northwest Judicial District,
Judge William W. McLees
|Nature of Action:||Insurance|
|Term:||06/2001  Argument: 06/19/2001 2:45pm|
|ND cite:||2001 ND 145|
632 N.W.2d 473
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
ISSUE ONE: Whether Trial Court Misapplied Legal Principals of Assignment and Subrogation When Trial Court Denied Motion to Amend Complaint to Conform to Assignment and Dismissed Action As a Matter of Law?
ISSUE TWO: Whether the May 27, 1999 Addendum Releasing Hulstrand was Supported By Consideration, as a Matter of Law, Thus Rendering the May 26, 2000 Assignment of Claims Unenforceable and a Moot Issue on Appeal?
Appellee's Statement of the Issues:
1. Did the Trial Court correctly determine that Farmers is precluded from bringing a claim against Hulstrand, notwithstanding the belated Assignment of Claims from the Pierces to Farmers?
2. Assuming that Farmers could otherwise bring a claim based on an assignment from the Pierces, did the Pierces previously release any claims they might have had against Hulstrand, so that there was nothing to assign to Farmers?
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|1||02/23/2001||NOTICE OF APPEAL: 02/22/2001|
|2||02/23/2001||ORDER FOR TRANSCRIPT: 02/22/2001|
|3||03/16/2001||TRANSCRIPT DATED October 31, 2000|
|4||03/19/2001||DISK - Transcript dated October 31, 2000|
|5||03/21/2001||RECORD ON APPEAL|
|8||04/27/2001||DISK - ATB|
|9||05/03/2001||Clerk's Supplemental Cert. of ROA dated May 2, 2001, with entires 26 & 27 attached|
|11||05/22/2001||DISK - AEB|
|12||06/19/2001||APPEARANCES: Charles L. Neff; Fred E. Whisenand|
|13||06/19/2001||ARGUED: Neff; Whisenand (Vol. X; page 147)|
|14||06/19/2001||ORAL ARGUMENT WEBCAST|
|16||08/29/2001||UNANIMOUS OPINION: VandeWalle, Gerald W.|
|17||08/29/2001||Costs on appeal in favor of the Appellee|
|18||08/31/2001||Order/Judgment Mailed to Parties|
|20||10/02/2001||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|21||08/08/2007||EXPUNGED - Nonpermanent record items destroyed|