Farmers Alliance Mutual Ins. Co. v. Hulstrand Construction, Inc.

20010054 Farmers Alliance Mutual
Insurance Co., a foreign
insurance corporation, Plaintiff and Appellant
v.
Hulstrand Construction, Inc.,
a North Dakota Corporation, Defendant and Appellee

Appeal from: District Court, Northwest Judicial District, McKenzie County
Judge William W. McLees
Nature of Action: Insurance
Counsel:
Appellant: Neff Eiken & Neff, PC
Appellant: Savage Law Firm
Appellee: Crowley, Haughey, Hanson, Toole & Dietrich
Term: 06/2001   Argument: 06/19/2001  2:45pm
ND cite: 2001 ND 145
NW cite: 632 N.W.2d 473

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
102/23/2001 NOTICE OF APPEAL: 02/22/2001
202/23/2001 ORDER FOR TRANSCRIPT: 02/22/2001
303/16/2001 TRANSCRIPT DATED October 31, 2000
403/19/2001 DISK - Transcript dated October 31, 2000
503/21/2001 RECORD ON APPEAL
604/24/2001 APPELLANT BRIEF
704/24/2001 APPELLANT APPENDIX
804/27/2001 DISK - ATB
905/03/2001 Clerk's Supplemental Cert. of ROA dated May 2, 2001, with entires 26 & 27 attached
1005/22/2001 APPELLEE BRIEF
1105/22/2001 DISK - AEB
1206/19/2001 APPEARANCES: Charles L. Neff; Fred E. Whisenand
1306/19/2001 ARGUED: Neff; Whisenand (Vol. X; page 147)
1406/19/2001 ORAL ARGUMENT WEBCAST
1508/29/2001 DISPOSITION: AFFIRMED
1608/29/2001 UNANIMOUS OPINION: VandeWalle, Gerald W.
1708/29/2001 Costs on appeal in favor of the Appellee
1808/31/2001 Order/Judgment Mailed to Parties
1909/28/2001 MANDATE
2010/02/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2108/08/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/18/2014