Farmers Union Mutual Ins. Co. v. Decker
Farmers Union Mutual
Insurance Company, Plaintiff, Appellee
Martin Decker, Donald
Decker, Gerald Decker,
Jamie Iverson, and
Rodney Iverson, Defendants, Appellants
Southwest Judicial District,
Judge Allan L. Schmalenberger
|Nature of Action:||Contracts|
|Term:||10/2005  Argument: 10/05/2005|
|ND cite:||2005 ND 173|
704 N.W.2d 857
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. The District Court erred, as a matter of law, and the Appellants are entitled to a Summary Judgment that they are provided coverage under the Appellee's policy of general liability insurance.
2. The Appellants are entitled to all of their reasonable attorneys' fees and expenses of litigation for the defense of the declaratory judgment action brought by their insurance company.
Appellants' Issues on Reargument
Issue 1: Should the coverage issue stated as issue 2 be considered by the Court when raised first in a reply brief on appeal?
Issue 2: Does the phrase "used exclusively" in the exception to the motor vehicle exclusion of the farm liability policy, mean "used exclusively" within the policy period, within the insured's ownership of the motor vehicle or within some other time frame?
Appellee's Statement of the Issues:
A. Did the District Court err in determining that the insurance policy of Farmers Union Mutual did not provide insurance coverage and a duty to defend Gerald Decker in a negligent entrustment action (the "underlying action") commenced against him by Jamie Iverson and Rodney Iverson?
B. Did the District Court err in determining that Gerald Decker was entitled to an award of his attorney fees and costs in the underlying action?
C. Did the District Court err in determining that the Defendants were not entitled to an award of their attorney's fees in the declaratory judgment action? Appellee Issues on Reargument
1.Should the coverage issue stated in question (2) be considered by this Court when raised first in a reply brief on appeal?
2.Does the phrase "used exclusively" in the exception to the motor vehicle exclusion of the farm liability policy, mean "used exclusively" within the policy period, within the insured's ownership of the motor vehicle or within some other time frame?
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|1||12/20/2004 NOTICE OF APPEAL: 12/17/2004|
|2||01/03/2005 NOTICE OF CROSS APPEAL (filed in trial court on 12-30-04)|
|3||01/14/2005 RECORD ON APPEAL (1 volume)|
|4||01/26/2005 APPELLANT BRIEF|
|5||01/26/2005 APPELLANT APPENDIX|
|6||01/26/2005 DISK - ATB|
|7||02/08/2005 MOT. EXT/TIME APPELLEE BRIEF (letter dated 2-07-05 from Lawrence R. Klemin)|
|8||02/08/2005 ACTION BY CLERK (MAE). Granted: 03/28/2005|
|9||03/28/2005 APPELLEE BRIEF|
|10||03/28/2005 APPELLEE APPENDIX|
|11||03/31/2005 Corrected Table of Authorities & pages for AEB|
|12||03/31/2005 DISK - AEB (e-mailed)|
|13||04/11/2005 REPLY BRIEF|
|14||04/13/2005 DISK NONCOMPLIANCE (RYB)|
|15||04/15/2005 Letter dated 4-14-05 from Lawrence R. Klemin (Farmers Union Mutual will not be filing a RYB)|
|16||05/04/2005 APPEARANCES: William P. Zuger; Lawrence R. Klemin of Bucklin, Klemin & McBride, P.C.|
|17||05/04/2005 ARGUED: Zuger; Klemin (Vol. Z, Page 117)|
|18||05/04/2005 ORAL ARGUMENT WEBCAST|
|19||09/30/2005 Appellant's Brief on Reargument|
|20||09/30/2005 Corrected title page, TOA, & page 3 for Appellant's Brief on Reargument|
|21||09/30/2005 DISK - (Appellant's Brief on Reargument)|
|22||09/30/2005 Supplemental Brief of Appellee and Cross-Appellant|
|23||09/30/2005 DISK - (Supp. Brief of Appellee/Cross-Appellant|
|24||10/05/2005 APPEARANCES: William P. Zuger, Ralph A. Vinje; Lawrence R. Klemin|
|25||10/05/2005 REARGUED: Zuger; Klemin|
|26||10/05/2005 ORAL ARGUMENT WEBCAST|
|27||10/18/2005 DISPOSITION: AFFIRMED/PT, REVERSED/PT|
|28||10/18/2005 SPLIT OPINION: Kapsner, Carol Ronning|
|29||10/18/2005 (CONCUR in part and DISSENT in part): VandeWalle, Gerald W.: CON/DIS|
|30||10/18/2005 (DISSENT): Maring, Mary Muehlen: DISSENT|
|31||10/18/2005 Costs on appeal taxed in favor of appellee|
|32||10/20/2005 Judgment Mailed to Parties|
|34||11/29/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|35||06/07/2012 EXPUNGED - Nonpermanent record items destroyed|