Schleuter v. Northern Plains Ins.

20090060 Randall Schleuter, Plaintiff and Appellant
v.
Northern Plains Insurance Company,
Inc., Defendant and Appellee
and
Charlotte Schleuter Defendant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Insurance
Counsel:
Appellant: Anthony Joseph Weiler
Appellee: Clark Jay Bormann
Appellant: David S. Maring
Term: 06/2009   Argument: 06/08/2009  10:45am
ND cite: 2009 ND 171
NW cite: 772 N.W.2d 879

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Did the district court err in granting summary judgment in favor of Northern Plains Insurance Company, Inc. (Northern Plains) and Charlotte Schleuter (Charlotte), ruling that the vehicle owned by Randall Schleuter (Randall) and Charlotte (the Schleuters), while being operated in North Dakota, was not subject to the laws of the state by, first, determining this was a choice of law matter and, second, applying a choice of law test incorrectly to the facts presented in the case to determine that South Dakota law applied?

Appellee's Statement of the Issues:
Did the trial court err, as a matter of law, by granting summary judgment in favor of Northern Plains and Charlotte Schleuter after determining that South Dakota law governs this case involving South Dakota residents whose vehicles are registered under South Dakota laws, insured by a South Dakota insurance company, and where North Dakota was merely the situs of the accident?

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Docket entries:
102/13/2009 NOTICE OF APPEAL: 02/12/2009
202/13/2009 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
303/17/2009 RECORD ON APPEAL - Not rec'd w/ ROA was entry no. 14 (Steno tape)
403/19/2009 APPELLANT BRIEF (E-filed) (PDF)
503/19/2009 E-FILED BRIEF (ATB)
603/19/2009 APPELLANT APPENDIX (e-filed)
703/19/2009 E-FILED APPENDIX (ATA)
803/20/2009 Received $25 surcharge for ATB (Receipt #18770)
903/24/2009 Received copies of ATB from Central Dup.)
1003/24/2009 Received copies of ATA from Central Dup.)
1104/13/2009 APPELLEE BRIEF of Northern Plains Insurance Co.
1204/13/2009 DISK - AEB (e-mailed)
1304/23/2009 SITTING WITH THE COURT: Clapp, Sonja
1404/27/2009 REPLY BRIEF (e-filed)
1504/27/2009 E-FILED BRIEF (RYB) (PDF)
1604/28/2009 Made 7 copies of RYB
1704/29/2009 Motion to continue oral argument to the June Term
1804/29/2009 ACTION BY SUPREME COURT (Motion to continue oral argument to June Term). Granted
1906/08/2009 APPEARANCES: Anthony J. Weiler/Clark J. Bormann
2006/08/2009 ARGUED: Weiler/Bormann
2106/08/2009 ORAL ARGUMENT WEBCAST
2209/23/2009 DISPOSITION: REVERSED
2309/23/2009 UNANIMOUS OPINION: Crothers, Daniel John
2409/23/2009 Costs on appeal taxed in favor of Appellant
2509/24/2009 Judgment e-mailed to Parties
2610/15/2009 MANDATE
2710/20/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/31/2014