Farmers Insurance Exchange v. Schirado
Farmers Insurance Exchange,
Truck Insurance Exchange,
Fire Insurance Exchange,
Company, and Farmers New
World Life Insurance Company, Plaintiffs and Appellants
Allen Schirado, Defendant and Appellee
South Central Judicial District,
Judge Bruce A. Romanick
|Nature of Action:||Contracts|
|Term:||12/2005  Argument: 12/06/2005 9:30am|
|ND cite:||2006 ND 141|
717 N.W.2d 576
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Whether construing all facts and inferences in favor of appellants, the district court erred in finding no genuine issue of material fact as to whether appellee insurance agent Allen Schirado's breach of his agreement with appellants by switching policyholders to other insurers caused appellants lost profits?
II. Whether construing all facts and inferences in favor of appellants, the district court erred in finding no genuine issue of material fact as to whether appellee Schirado breached a fiduciary duty to appellants in switching policyholders to other insurers?
III. Whether construing all facts and inferences in favor of appellants, the district court erred in finding no genuine issues of material fact as to whether upon his termination appellee Schirado, by failing to return appellants' policyholder information to them:
1) breached the express terms of his agent appointment agreement;
2) misappropriated appellants' trade secrets;
3) converted appellants' property; or
4) tortiously interfered with appellants' contractual rights? IV. Whether construing all facts and inferences in favor of appellants, the district court erred in determining that appellee Schirado's breach of his obligation to return policyholder information to the appellants did not excuse the appellants' obligation to make the final payment due to the appellee following his termination?
V. Whether construing all facts and inferences in favor of appellants, the district court erred in determining that solely because they made prior payments the appellants waived any right to withhold, based on Schirado's continuing breach, a final payment to the appellee following his termination?
Appellee's Statement of the Issues:
I. Did the Trial Court appropriately award Summary Judgment to Allen Schirado, on Farmers' claim that Schirado placed 12 policyholders with other insurance companies during the term of his Agency Agreement with Farmers, where Farmers presented no evidence that any of the 12 policyholders were induced by Schirado to switch companies, and where Farmers presented no evidence that any of the 12 policyholders would have otherwise remained with Farmers?
II. Did the Trial Court appropriately award Summary Judgment to Allen Schirado, on Farmers' claim that the retention by Schirado of policyholder information, following termination of his agency, constituted a contract breach, trade secret misappropriation, conversion, or tortuous interference with contract, where Farmers presented no evidence that any policyholders were induced by Schirado to switch companies, and where Farmers presented no evidence of any actual damages suffered by Farmers?
III. Was Allen Schirado entitled to Summary Judgment, where Farmers had paid Schirado two of three Contract Value payments, without reservation, but had refused to make the third Contract Value payment?
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|1||06/30/2005||NOTICE OF APPEAL: 06/28/2005|
|2||07/06/2005||MOT. EXT/TIME APPELLANT BRIEF (letter dated 7-05-05 from Jerry Evenson)|
|3||07/06/2005||ACTION BY CLERK (MAT). Granted: 08/15/2005|
|4||07/29/2005||RECORD ON APPEAL (3 vols) (Not rec'd: #19--Plaintiff's Exh. 14; 20a,34,47,77, & 79--Ct Rept Notes)|
|5||08/05/2005||MOT. EXT/TIME APPELLANT BRIEF (e-mailed memo from Jerry Evenson)|
|6||08/05/2005||E-FILED MOTION (MAT)|
|7||08/05/2005||ACTION BY CLERK (MAT). Granted: 08/29/2005|
|8||08/25/2005||Supplemental Clerk's Certificate of Record - Entry Nos. 119 - 128 (includes tras of depositions)|
|11||09/01/2005||Corrected Table of Authorities and page of ATB|
|12||09/01/2005||DISK - ATB (e-mailed)|
|13||09/28/2005||REQ. EXT/TIME APPELLANT BRIEF|
|14||09/28/2005||ACTION BY CLERK, w/understanding oral argument will be in Dec.. Granted: 10/17/2005|
|17||10/17/2005||DISK - aeb|
|18||10/28/2005||MOT. EXT/TIME REPLY BRIEF (letter from Mr. Evanson) (e-mailed)|
|19||10/28/2005||E-FILED MOTION (MRY)|
|20||10/31/2005||ACTION BY CLERK (MRY). Granted: 11/17/2005|
|21||11/17/2005||MOT. EXT/TIME REPLY BRIEF|
|22||11/17/2005||ACTION BY Chief Deputy Clerk (MRY). Granted: 11/18/2005|
|24||11/18/2005||DISK of ryb|
|25||12/06/2005||APPEARANCES: Jerry W. Evenson; Charles "Casey" L. Chapman|
|26||12/06/2005||ARGUED: Evenson; Chapman|
|27||12/06/2005||ORAL ARGUMENT WEBCAST|
|28||06/29/2006||DISPOSITION: REVERSED AND REMANDED|
|29||06/29/2006||UNANIMOUS OPINION: Crothers, Daniel John|
|30||06/29/2006||Costs taxed in favor of Appellants|
|31||07/03/2006||Judgment Mailed to Parties|
|33||08/02/2006||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|34||11/19/2015||EXPUNGED - Nonpermanent record items destroyed|