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  02:45pm
ND cite: 2001 ND 145
NW cite: 632 N.W.2d 473

Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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?

Add Docket 20010054 RSS Add Docket 20010054 RSS
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 06/19/2013