Johnson v. Nodak Mutual Ins. Co.
Michele Johnson, f/k/a
Michele Nelson, Plaintiff and Appellant
Nodak Mutual Insurance
Company, Defendant and Appellee
East Central Judicial District,
Judge Douglas R. Herman
|Nature of Action:||Insurance|
|Term:||03/2005  Argument: 03/02/2005|
|ND cite:||2005 ND 112|
699 N.W.2d 45
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Does an insurance policy provision, that provides no action may be maintained against the insurer until there has been full compliance with the terms of coverage, control the date when the appropriate statute of limitations begins running?
2. Is a named insured's action for breach of contract and indemnity against her no-fault insurer controlled by N.D.C.C. 28-01-16 because North Dakota's no-fault statutes provide for a cumulative remedy rather than an exclusive remedy?
3. Is the insurer's payment for a medical examination, and other related medical expenses, that are required by the insured a "benefit" under the policy and a benefit within the meaning of N.D.C.C. 26.1-41-19 (1)?
4. Is Johnson's cause of action against her insurer an action for "further" benefits within the meaning of N.D.C.C. 26.1-41-19 (1)?
5. Was Johnson's action for breach of contract barred by any statute of limitations?
Appellee's Statement of the Issues:
I. Whether Johnson's action is barred by the statute of limitations in N.D.Cent.Code 26.1-41-19(1) for failure to commence the action within four years of the last payment of benefits.
II. Whether Nodak Mutual's payment of claim expenses for copies of medical records, an independent medical evaluation and legal fees constitute "no-fault benefits" within the meaning of N.D.Cent.Code 26.1-41-19(1).
III. Whether the new issues raised by Johnson in her motion for new trial under Rule 59 and relief from judgment under Rule 60 should be considered on appeal.
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|1||10/25/2004 NOTICE OF APPEAL: 10/22/2004|
|2||10/25/2004 ORDER FOR TRANSCRIPT: 10/22/2004|
|3||11/24/2004 Transcript dated 6-17-04|
|4||11/26/2004 DISK - tr1 (6-17-04)|
|5||11/30/2004 TRANSCRIPT DATED 9-08-04|
|6||12/01/2004 DISK - TR2 dated 9-08-04|
|7||12/02/2004 RECORD ON APPEAL (not rec'd - entries 14 and 31 (tapes))|
|8||01/06/2005 APPELLANT BRIEF|
|9||01/06/2005 Addendum (attached to ATB)|
|10||01/06/2005 APPELLANT APPENDIX|
|11||01/10/2005 DISK - atb|
|12||02/08/2005 APPELLEE BRIEF|
|13||02/09/2005 DISK - AEB|
|14||02/23/2005 REPLY BRIEF|
|15||02/24/2005 DISK of RYB|
|16||03/02/2005 APPEARANCES: David A. Garaas; William P. Harrie|
|17||03/02/2005 ARGUED: Garaas; Harrie (Vol. Z; Page 93)|
|18||03/02/2005 ORAL ARGUMENT WEBCAST|
|19||06/22/2005 DISPOSITION: AFFIRMED|
|20||06/22/2005 UNANIMOUS OPINION: Sandstrom, Dale V.|
|21||06/22/2005 Costs on appeal taxed in favor of Appellee|
|22||06/23/2005 Judgment Mailed to Parties|
|23||07/07/2005 PETITION FOR REHEARING & Addendum (filed subject to the approval of the Court)|
|24||07/08/2005 DISK - PER|
|25||07/25/2005 ACTION BY SUPREME COURT. Denied|
|27||08/08/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|28||11/29/2011 EXPUNGED - Nonpermanent record items destroyed|