State of ND v. NDSU
State of North Dakota, by and
through the State Fire and
Tornado Fund of the North Dakota
Insurance Department, Plaintiff, Counterclaim Defendant,
Crossclaim Defendant, and Appellee
North Dakota State University, Defendant, Counterclaimant,
Third-Party Plaintiff, and Appellant
Hartford Steam Boiler Inspection
and Insurance Company, Third-Party Defendant,
Crossclaimant, and Appellee
East Central Judicial District,
Judge Ronald E. Goodman
|Nature of Action:||Insurance|
|Term:||12/2004  Argument: 12/22/2004 10:45am|
|ND cite:||2005 ND 75|
694 N.W.2d 225
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Did the District Court err in characterizing the water that damaged NDSU's Steam Tunnel, IACC and Heating Plant as surface water as a matter of law when neither policy defines surface water?
2. Was the water that damaged NDSU's Steam Tunnel, IACC and Heating Plant excluded flood water under the policies which fail to define flood water?
3. Did the district court err in not applying the efficient proximate cause doctrine, as established in Western National, to determine the predominant cause of loss to NDSU's Steam Tunnel, IACC and Heating Plant?
4. Did the district court err in not applying the efficient proximate cause doctrine to determine the predominant cause of loss to NDSU's direct buried steam line?
Appellee's Statement of the Issues:
1.Did the District Court properly rule that the "flood" and "surface water" exclusion in the HSB Boiler and Machinery insurance policy excludes coverage for damage to NDSU's Steam Tunnel, IACC and Heating Plant?
2. Did the District Court properly rule that the "flood" and "surface water" exclusion in the HSB Boiler and Machinery insurance policy excludes coverage for damage to NDSU's Direct Buried Steam Lines?
State Fire & Tornado Fund Issues:
1. Did the District Court properly rule that the "surface water" exclusion in the State Fire and Tornado Fund insurance policy excludes coverage for NDSU's losses in the IACC and Heating Plant?
2. Did the District Court properly rule that the efficient proximate cause doctrine is inapplicable to this case?
|Add Docket 20040228 RSS|
|1||08/16/2004||NOTICE OF APPEAL: 08/12/2004|
|2||08/16/2004||ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|3||09/01/2004||Affidavit of Michael McNamee in Support of Rule 11.1(e)|
|4||09/02/2004||Affidavit of Terrence R. Joy in Support of Rule 11.1(e)|
|5||09/14/2004||RECORD ON APPEAL (3 Vols.) & Separates #59(w/Attachments), #60(w/Exhibits 1-29),|
|6||09/14/2004||#61 (w/Exhibits 1-55), #62 (w/Depositions), #63 (w/Exhibits 30-65), #66 (w/Exhibits A-I), #73,|
|7||09/14/2004||#75 (w/Exhibits A-Z and AA-GG), #76 (w/Exhibits A-Y), #79, #81 (w/Exhibits), #82 (NOT REC'D #95)|
|10||09/21/2004||DISK - ATB|
|11||10/21/2004||APPELLEE BRIEF (Hartford Steam Boiler Inspection and Insurance Company)|
|12||10/21/2004||APPELLEES' JOINT APPENDIX|
|13||10/22/2004||DISK - AEB (Hartford Steam Boiler Inspection and Insurance Company)|
|14||10/22/2004||APPELLEE BRIEF (State Fire & Tornado Fund of the ND Ins. Dept.)|
|15||10/28/2004||DISK - AEB (State Fire & Tornado Fund of the ND Ins. Dept.) (e-mailed)|
|16||11/08/2004||REPLY BRIEF & Addendum|
|17||11/10/2004||DISK - RYB|
|18||11/24/2004||SITTING WITH THE COURT: Jorgensen, Donald L.|
|19||11/26/2004||Request for Radio/TV Coverage - ND Public Radio (email dated 11-26-04 from Jack McDonald) APPROVED|
|20||12/01/2004||Request for Radio/TV Coverage (AP) email dated 12-01-04 from Dale Wetzel (APPROVED)|
|21||12/20/2004||Letter from Michael P. McNamee dated 12-17-04 w/ attached copy of Opinion from Texas Court of|
|22||12/20/2004||of Appeals (Valley Forge Ins. Company v. Hicks Thomas, et al.)|
|23||12/22/2004||APPEARANCES: Ms. Sara Gullickson McGrane, Rick D. Johnson and Rick Frantz; Leo F.J. Wilking;|
|24||12/22/2004||Terrence R. Joy, Michael P. McNamee, and W. Todd Haggart|
|25||12/22/2004||ARGUED: McGrane; Wilking; Joy (Vol. Z; Page 69)|
|26||12/22/2004||ORAL ARGUMENT WEBCAST|
|27||12/23/2004||Copy of letter from Bd of Law Exam. to Terrance Joy re receipt of payment for 2005 to appear|
|28||12/23/2004||pro hac vice|
|30||04/06/2005||UNANIMOUS OPINION: Sandstrom, Dale V.|
|31||04/06/2005||Costs on appeal taxed in favor of appellee|
|32||04/07/2005||Order/Judgment Mailed to Parties|
|34||05/05/2005||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|35||10/27/2011||EXPUNGED - Nonpermanent record items destroyed|