Tibert v. Nodak Mutual
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| 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
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Debbie Gordon Kleven |
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Nature of Action: |
Insurance
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| Counsel: |
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| Term: |
10/2011 Argument: 10/26/2011 02:45pm
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| ND cite: |
2012 ND 81
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| NW cite: |
816 N.W.2d 31
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 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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| 1 | | 05/16/2011 | |
NOTICE OF APPEAL: 05/12/2011 |
| 2 | | 06/13/2011 | |
ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-38). NOT SENT/ATTACHED WAS ENTRY NO.10 (C.R. NOTES) |
| 3 | | 06/20/2011 | |
APPELLANT BRIEF (e-filed) |
| 4 | | 06/20/2011 | |
E-FILED BRIEF (ATB) |
| 5 | | 06/20/2011 | |
APPELLANT APPENDIX (e-filed) |
| 6 | | 06/20/2011 | |
E-FILED APPENDIX (ATA) |
| 7 | | 06/23/2011 | |
Received surcharge for ATB & ATA (Receipt #20373) |
| 8 | | 06/24/2011 | |
Received 7 copies of ATB from CSD |
| 9 | | 06/27/2011 | |
Rec'd 6 copies of ATA from CSD |
| 10 | | 07/18/2011 | |
MOT. EXT/TIME APPELLEE BRIEF (E-filed) |
| 11 | | 07/18/2011 | |
E-FILED MOTION (MAE) |
| 12 | | 07/18/2011 | |
ACTION BY CLERK (MAE). Granted: 07/28/2011 |
| 13 | | 07/28/2011 | |
APPELLEE BRIEF (e-filed) PDF |
| 14 | | 07/28/2011 | |
E-FILED BRIEF (AEB) PDF |
| 15 | | 07/28/2011 | |
APPELLEE APPENDIX (e-filed) |
| 16 | | 07/28/2011 | |
E-FILED APPENDIX (AEA) |
| 17 | | 07/29/2011 | |
RECEIVED $25 E-FILING SURCHARGE FOR AEB (RECEIPT #20587). |
| 18 | | 08/04/2011 | |
Received corrections to AEB. |
| 19 | | 08/05/2011 | |
Received 7 copies of AEB from Central Duplicating. |
| 20 | | 08/08/2011 | |
Received 6 copies of AEA from Central Duplicating. |
| 21 | | 08/11/2011 | |
REPLY BRIEF (e-filed) PDF |
| 22 | | 08/11/2011 | |
E-FILED BRIEF (RYB) PDF |
| 23 | | 08/15/2011 | |
Received 7 copies of RYB from Central Duplicating. |
| 24 | | 09/02/2011 | |
NOTICE OF ORAL ARGUMENT SENT |
| 25 | | 09/15/2011 | |
ANNOUNCED DISQUALIFICATION: Crothers, Daniel John |
| 26 | | 09/15/2011 | |
SITTING WITH THE COURT: Schmalenberger, Allan L. |
| 27 | | 10/26/2011 | |
APPEARANCES: Scott D. Jensen/Scott K. Porsborg |
| 28 | | 10/26/2011 | |
ARGUED: Jensen/Porsborg |
| 29 | | 10/26/2011 | |
ORAL ARGUMENT WEBCAST |
| 30 | | 04/12/2012 | |
DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT |
| 31 | | 04/12/2012 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 32 | | 04/12/2012 | |
Costs on appeal taxed in favor of appellants |
| 33 | | 04/16/2012 | |
Judgment E-Mailed to Parties |
| 34 | | 04/12/2012 | |
MANDATE |