Ziegelmann v. TMG Life Insurance Co.

990365 Terry Ziegelmann, Plaintiff and Appellant
v.
TMG Life Insurance
Company, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Michael O. McGuire
Nature of Action: Insurance
Counsel:
Appellant: Conmy Feste, Ltd.
Appellee: Vogel Law Firm
Term: 03/2000   Argument: 03/06/2000  10:45am
ND cite: 2000 ND 55
NW cite: 607 N.W.2d 898


Issues: Appellant's Statement of the Issues:
Whether the trial court erred in granting summary judgment holding that Ziegelmann was not entitled to disability benefits for a back condition unrelated to an eye condition for which he had previously been paid disability benefits because he had not recovered from that eye condition.

Appellee's Statement of the Issues:
Whether the trial court properly granted summary judgment holding that Ziegelmann was not entitled to disability benefits for a new unrelated ailment because this ailment was merely an additional "concurrent cause" of disability and did not cause a "subsequent period of disability" as that term is defined in his life insurance policy.

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Docket entries:
112/07/1999 NOTICE OF APPEAL: 12/02/1999
212/23/1999 APPELLANT BRIEF
312/23/1999 Addendum to Appellant's Brief
412/23/1999 APPELLANT APPENDIX
512/23/1999 DISK - ATB
601/04/2000 RECORD ON APPEAL (w/exception of Clerk's Cert. No. 25 - Tape); Deposition
701/20/2000 MOT. EXT/TIME APPELLEE BRIEF
801/20/2000 ACTION BY CLERK. Granted: 02/07/2000
902/07/2000 APPELLEE BRIEF
1002/07/2000 Addendum to Appellee's Brief
1102/08/2000 DISK - AEB
1202/15/2000 REPLY BRIEF
1302/16/2000 DISK - RYB
1403/06/2000 APPEARANCES: Kim E. Brust; Craig R. Campbell; Virginia Carter, Counsel for Clarica Life Ins. (TMG)
1503/06/2000 ARGUED: Brust; Campbell (Vol. W; page 233)
1603/21/2000 DISPOSITION: AFFIRMED
1703/21/2000 UNANIMOUS OPINION: Maring, Mary Muehlen
1803/21/2000 Costs on appeal in favor of Appellee, TMG Life Insurance Co.
1902/23/2000 Order/Judgment Mailed to Parties
2005/03/2000 MANDATE
2105/10/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2203/13/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/23/2014