Farmers Union Mut. Ins. Co. v. Assoc. Electric and Gas Ins. Services Ltd.
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| 20060303 |
Farmers Union Mutual Insurance Company, Plaintiff and Appellee
v.
Associated Electric and Gas Insurance
Serviced Limited, Defendant and Appellant
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| Appeal from: |
District Court,
Southeast Judicial District,
Stutsman County
Judge John E. Greenwood |
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Nature of Action: |
Insurance
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| Counsel: |
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| Term: |
04/2007 Argument: 04/24/2007 09:30am
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| ND cite: |
2007 ND 135
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| NW cite: |
737 N.W.2d 253
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether Associated Electric and Gas Insurance Services Limited ("AEGIS"), an Excess Liability Insurance Carrier, Must Submit to Binding Arbitration Under N.D.C.C. 26.1-41-17 Which Provides that a Basic No-Fault Insurer May Seek Equitable
Allocation From a Motor Vehicle Insurer.
II. Whether the District Court Erred by Ordering AEGIS to Submit to Binding Arbitration Under N.D.C.C. 26.1-41-17 Even Though the Legislature Repealed the Statute.
Appellee's Statement of the Issues:
I. Whether the district court correctly determined Associated Electric and Gas Insurance Services Limited ("AEGIS") is a "motor vehicle liability insurer" subject to equitable allocation and binding arbitration under N.D.C.C. 26.1-41-17.
II. Whether the district court correctly determined the Legislature's repeal of N.D.C.C. 26.1-41-17 did not affect the arbitration proceedings between Farmers Union Mutual Insurance Company and AEGIS.
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| 1 | | 10/31/2006 | |
NOTICE OF APPEAL: 10/30/2006 |
| 2 | | 10/31/2006 | |
ORDER FOR TRANSCRIPT: 10/30/2006 |
| 3 | | 11/28/2006 | |
RETENTION OF RECORD ON APPEAL: 12/19/2006 |
| 4 | | 12/13/2006 | |
TRANSCRIPT DATED March 15, 2006 |
| 5 | | 12/14/2006 | |
DISK-tra(March 15, 2006) |
| 6 | | 12/15/2006 | |
RECORD ON APPEAL |
| 7 | | 01/22/2007 | |
APPELLANT BRIEF |
| 8 | | 01/22/2007 | |
Addendum (attached to Appellant's Brief) |
| 9 | | 01/22/2007 | |
APPELLANT APPENDIX |
| 10 | | 01/22/2007 | |
DISK - ATB (cd-rom) |
| 11 | | 02/20/2007 | |
APPELLEE BRIEF (e-filed) |
| 12 | | 02/20/2007 | |
APPELLEE APPENDIX (pdf) (e-filed) |
| 13 | | 02/20/2007 | |
E-FILED BRIEF (AEB) |
| 14 | | 02/20/2007 | |
E-FILED APPENDIX (AEA) |
| 15 | | 02/21/2007 | |
Received $25 surcharge for AEB (Receipt #17289) |
| 16 | | 02/27/2007 | |
Received 7 copies of AEB & 6 copies of AEA from Central Duplicating |
| 17 | | 04/24/2007 | |
APPEARANCES: Tiffany L. Johnson; Chris A. Edison |
| 18 | | 04/24/2007 | |
ARGUED: Johnson; Edison |
| 19 | | 04/24/2007 | |
ORAL ARGUMENT WEBCAST |
| 20 | | 08/22/2007 | |
DISPOSITION: REVERSED |
| 21 | | 08/22/2007 | |
SPLIT OPINION: Crothers, Daniel John |
| 22 | | 08/22/2007 | |
(DISSENT): Maring, Mary Muehlen: DISSENT |
| 23 | | 08/22/2007 | |
Costs taxed in favor of Appellant |
| 24 | | 08/23/2007 | |
Judgment e-mailed to Parties |
| 25 | | 09/13/2007 | |
MANDATE |
| 26 | | 09/17/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |