Myaer v. Nodak Mutual Insurance Co.

20110153 Barry Myaer, Plaintiff and Appellee
v.
Nodak Mutual Insurance
Company, Defendant and Appellant

Appeal from: District Court, Northeast Judicial District, Renville County
Judge Michael G. Sturdevant
Nature of Action: Contracts
Counsel:
Appellant: Sarah Andrews Herman
Appellee: Gary R. Wolberg
Appellant: Matthew Allen Kipp
Appellee: Amy Marie Oster
Term: 10/2011   Argument: 10/27/2011  10:45am
ND cite: 2012 ND 21
NW cite: 812 N.W.2d 345

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
[1] Whether the plain language of the Career Producer's Contract permits a Career Producer to earn commissions after the cancellation of his contract when the contract provides that he does not earn a commission until the premium is received by the company and the contract provides that no further commissions accrue after cancellation of the contract.
[2] Whether the plain language of the Career Producer's Contract permits a Career Producer to earn more than a 10% commission on MPCI policies when his contract instead states that the base commission is 10% subject to various reductions.

Appellee's Statement of the Issues:
I.Whether the district court erred in ruling Nodak owed Myaer the commissions he is due.
II.Whether the district court erred in awarding Myaer a ten percent commission on the policies he sold, plus a two percent bonus, and whether Nodak failed to preserve the issue for appeal.

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Docket entries:
105/20/2011 NOTICE OF APPEAL: 05/19/2011
206/13/2011 ELECTRONIC RECORD ON APPEAL (1-71) 72-CLERK'S CERTIFICATE ON APPEAL.
306/22/2011 Letter from Mr. Wolberg dated 6-21-11 re: inquiry regarding status of case
406/28/2011 APPELLANT BRIEF (e-filed)
506/28/2011 E-FILED BRIEF (ATB)
606/28/2011 APPELLANT APPENDIX (e-filed)
706/28/2011 E-FILED APPENDIX (ATA)
806/30/2011 Received $25 surcharge for ATB (Receipt #20387)
907/01/2011 Received 7 copies of ATB from CSD
1007/01/2011 Received 6 copies of ATA from CSD
1107/28/2011 APPELLEE BRIEF (e-filed) PDF
1207/28/2011 E-FILED BRIEF (AEB) PDF
1307/28/2011 APPELLEE APPENDIX (e-filed)
1407/28/2011 E-FILED APPENDIX (AEA)
1507/29/2011 Received $25 e-filing surcharge for AEB (Receipt #20586).
1608/04/2011 Received 7 copies of AEB from Central Duplicating.
1708/04/2011 Received 6 copies of AEA from Central Duplicating.
1808/15/2011 REPLY BRIEF
1908/15/2011 E-FILED BRIEF - RYB
2008/17/2011 Rec'd 7 copies RYB from Central Duplicating.
2109/06/2011 NOTICE OF ORAL ARGUMENT SENT
2210/27/2011 APPEARANCES: Sarah Andrews Herman; Gary R. Wolberg; Amy M. Oster
2310/27/2011 ARGUED: Sarah Andrews Herman; Amy M. Oster
2410/27/2011 ORAL ARGUMENT WEBCAST
2502/10/2012 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
2602/10/2012 SPLIT OPINION: VandeWalle, Gerald W.
2702/10/2012 (DISSENTING): Crothers, Daniel John: DISSENT
2802/10/2012 Costs on appeal not taxed against either party
2902/10/2012 Judgment Sent to Parties
3003/05/2012 MANDATE

Generated from Supreme Court Docket on 11/24/2014