Grinnell Mutual Reinsurance Co. v. Center Mutual Ins. Co.
Grinnell Mutual Reinsurance
Company, Plaintiff and Appellee
Center Mutual Insurance Company, Defendant and Appellant
North Central Judicial District,
Judge Gary A. Holum
|Nature of Action:||Insurance|
|Term:||09/2002  Argument: 09/05/2002|
|ND cite:||2003 ND 50|
658 N.W.2d 363
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
A. Did the District Court err in determining that the personal auto insurance policy issued by Center Mutual Insurance Company to Steven R. Haskins provided indemnity coverage for the injury to James D. Jones on April 22, 1990, rather than the farm insurance policy issued to Haskins by Grinnell Mutual Reinsurance Company?
B. Did the District Court err by failing to determine whether it was appropriate to apportion liability for indemnity between both Grinnell Mutual Reinsurance Company and Center Mutual Insurance Company?
C. Did the District Court err in determining that Center Mutual Insurance Company was obligated to pay the "guarantee" made by Grinnell Mutual Reinsurance to the United States for medical services provided to James D. Jones under the federal Medical Care Recovery Act?
D. Did the District Court err in awarding interest to Grinnell Mutual Reinsurance Company?
Appellee's Statement of the Issues:
I. Did the District Court correctly determine that the personal auto insurance policy issued by Center Mutual Insurance Company to Steven R. Haskins provided indemnity coverage for the injury to James D. Jones on April 22, 1990.
II. Did the District Court correctly determine that the farm insurance policy issued by Grinnell Mutual Reinsurance Company to Steven R. Haskins did not provide or specifically excluded coverage for the injury to James D. Jones on April 22, 1990.
III. Did the District Court correctly determine that Center Mutual Insurance Company is obligated to reimburse Grinnell Mutual Reinsurance Company for the $17,684 Grinnell guarantied to pay to the United States Government.
IV. Did the District Court abuse its discretion in awarding interest to Grinnell Mutual Reinsurance Company in the manner provided for in the Judgment.
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|1||03/18/2002 NOTICE OF APPEAL: 03/15/2002|
|2||04/15/2002 RECORD ON APPEAL (2 Vols.)|
|3||04/22/2002 APPELLANT BRIEF|
|4||04/22/2002 APPELLANT APPENDIX|
|5||04/22/2002 ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W.|
|6||04/26/2002 Corrected Table of Authorities & page 11 for ATB|
|7||04/26/2002 DISK - ATB (E-mailed)|
|8||05/17/2002 APPELLEE BRIEF|
|9||05/17/2002 APPELLEE SUPPLEMENTAL APPENDIX|
|10||05/17/2002 DISK - AEB|
|11||08/27/2002 SITTING WITH THE COURT: O'Keefe, James H.|
|12||09/05/2002 APPEARANCES: Lawrence R. Klemin; Lawrence A. Dopson|
|13||09/05/2002 ARGUED: Klemin; Dopson (Vol. Y; Page 19)|
|14||09/05/2002 ORAL ARGUMENT WEBCAST|
|15||03/26/2003 DISPOSITION: AFFIRMED/PT, REVERSED/PT|
|16||03/26/2003 SPLIT OPINION: Maring, Mary Muehlen|
|17||03/26/2003 (CONCUR IN PART AND DISSENT IN PART): Sandstrom, Dale V.: CON/DIS|
|18||03/26/2003 At the direction of the Court no costs will be taxed on this appeal.|
|19||03/27/2003 Judgment Mailed to Parties|
|21||04/22/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|22||07/11/2008 EXPUNGED - Nonpermanent record items destroyed|