Tibert v. Nodak Mutual

20110143 Mark L. Tibert, Melvin J. Tibert,
Sue Votava Tibert, and William Tibert, Plaintiffs and Appellants
v.
Nodak Mutual Insurance Company,
a North Dakota Corporation, Defendant and Appellee

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Debbie Gordon Kleven
Nature of Action: Insurance
Counsel:
Appellant: Scott David Jensen
Appellee: Scott Kenneth Porsborg
Term: 10/2011   Argument: 10/26/2011  2:45pm
ND cite: 2012 ND 81
NW cite: 816 N.W.2d 31

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the District Court erred in granting summary judgment and holding that based upon the intentional acts exclusion in the insurance policies, and public policy, defendant had no duty to defend or indemnify plaintiffs.
II. Whether the District Court erred in failing to look at each of the Tiberts' conduct individually rather than jointly as acting "in concert".
III. Whether the District Court erred in failing to find the insurance contract coverage was illusory with regard to exclusion of intentional acts.

Appellee's Statement of the Issues:
I. Whether the District Court Erred in holding there was no coverage for the claims against the Tiberts because they were barred by the intentional acts exclusion and public policy.
II. Whether the Tiberts' assertion their actions were not intentional is barred by res judicata.
III. Whether the Nodak Insurance Policy is illusory.

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Docket entries:
105/16/2011 NOTICE OF APPEAL: 05/12/2011
206/13/2011 ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-38). NOT SENT/ATTACHED WAS ENTRY NO.10 (C.R. NOTES)
306/20/2011 APPELLANT BRIEF (e-filed)
406/20/2011 E-FILED BRIEF (ATB)
506/20/2011 APPELLANT APPENDIX (e-filed)
606/20/2011 E-FILED APPENDIX (ATA)
706/23/2011 Received surcharge for ATB & ATA (Receipt #20373)
806/24/2011 Received 7 copies of ATB from CSD
906/27/2011 Rec'd 6 copies of ATA from CSD
1007/18/2011 MOT. EXT/TIME APPELLEE BRIEF (E-filed)
1107/18/2011 E-FILED MOTION (MAE)
1207/18/2011 ACTION BY CLERK (MAE). Granted: 07/28/2011
1307/28/2011 APPELLEE BRIEF (e-filed) PDF
1407/28/2011 E-FILED BRIEF (AEB) PDF
1507/28/2011 APPELLEE APPENDIX (e-filed)
1607/28/2011 E-FILED APPENDIX (AEA)
1707/29/2011 RECEIVED $25 E-FILING SURCHARGE FOR AEB (RECEIPT #20587).
1808/04/2011 Received corrections to AEB.
1908/05/2011 Received 7 copies of AEB from Central Duplicating.
2008/08/2011 Received 6 copies of AEA from Central Duplicating.
2108/11/2011 REPLY BRIEF (e-filed) PDF
2208/11/2011 E-FILED BRIEF (RYB) PDF
2308/15/2011 Received 7 copies of RYB from Central Duplicating.
2409/02/2011 NOTICE OF ORAL ARGUMENT SENT
2509/15/2011 ANNOUNCED DISQUALIFICATION: Crothers, Daniel John
2609/15/2011 SITTING WITH THE COURT: Schmalenberger, Allan L.
2710/26/2011 APPEARANCES: Scott D. Jensen/Scott K. Porsborg
2810/26/2011 ARGUED: Jensen/Porsborg
2910/26/2011 ORAL ARGUMENT WEBCAST
3004/12/2012 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
3104/12/2012 UNANIMOUS OPINION: Sandstrom, Dale V.
3204/12/2012 Costs on appeal taxed in favor of appellants
3304/16/2012 Judgment E-Mailed to Parties
3404/12/2012 MANDATE

Generated from Supreme Court Docket on 09/19/2014