Johnson v. Nodak Mutual Ins. Co.
Michele Nelson, Plaintiff and Appellant
v.
Nodak Mutual Insurance
Company, Defendant and Appellee
Judge Douglas R. Herman
| Appellant: | Garaas Law Firm | |
| Appellee: | Nilles, Ilvedson, Plambeck & Selbo, Ltd. |
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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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