Western National Mutual Ins. Co. v. UND
Docket No. 20010118
Oral Argument:
Tuesday, January 29, 2002 2:45pm
Docket Info
- Title
- Western National Mutual
Insurance Company, Plaintiff and Appellant
v.
University of North Dakota, Defendant and Appellee - Case Type
- CIVIL APPEAL : INSURANCE
- Appeal From
-
Case No. 99-C-750
Northeast Central Judicial District, Grand Forks County
M. Richard Geiger
2002 ND 63643 N.W.2d 4
Oral Argument
1/29/2002
Highlight
N.D.C.C. 26.1-32-01 and 26.1-32-03 codify the efficient proximate cause doctrine for determining insurance coverage for property damage where an excluded peril and a covered peril contribute to the damage.
An insurer may not contractually exclude coverage when a covered peril is the efficient proximate cause of damage even though an excluded peril may have contributed to the damage.
An insured may be entitled to prejudgment interest under N.D.C.C. 32-02-04 when an insurer denies a claim based on an exclusion from coverage, regardless of whether the insured has determined the exact amount of the loss if the amount was ascertainable under a proper construction of the contract.
Under N.D.C.C. 32-23-08, an insured is entitled to attorney fees incurred in an insurer's declaratory judgment action in which the court determines there is insurance coverage.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/08/2001 | NOTICE OF APPEAL : 05/07/2001 | |
| 2 | 05/08/2001 | ORDER FOR TRANSCRIPT : 05/07/2001 | |
| 3 | 05/08/2001 | Faxed letter dated 5-08-01 from Steven A. Johnson stating that neither he nor his law firm will be | |
| 4 | 05/08/2001 | associating w/firm of Gislason, Martin & Varpness or otherwise representing Western Natl. | |
| 5 | 05/08/2001 | Mutual Ins. Co. in this appeal | |
| 6 | 05/08/2001 | Affidavit of James T. Martin in Compliance with Rule 11.1, Rules of Court | |
| 7 | 05/09/2001 | Original letter dated 5-08-01 from Steven A. Johnson | |
| 8 | 05/25/2001 | Notice of Appearance from Ronald H. McLean of Serkland Law Firm as ND counsel for Appellant | |
| 9 | 06/04/2001 | RETENTION OF RECORD ON APPEAL : 08/04/2001 | |
| 10 | 06/15/2001 | Request for advance payment of transcript fee (Margaret Campbell) | |
| 11 | 06/25/2001 | MOT. EXT/TIME TRANSCRIPT | |
| 12 | 06/25/2001 | ACTION BY TRIAL COURT - Granted : 08/04/2001 | |
| 13 | 08/01/2001 | MOT. EXT/TIME APPELLANT BRIEF | |
| 14 | 08/01/2001 | ACTION BY CLERK - Granted : 10/15/2001 | |
| 15 | 08/04/2001 | TRANSCRIPTS (11 VOLUMES) DATED October 24, 2000, October 25, 2000, October 26, 2000, October 27, | |
| 16 | 08/04/2001 | 2000, October 30, 2000, October 31, 2000, November 1, 2000, November 2, 2000, November 3, 2000, | |
| 17 | 08/04/2001 | November 6, 2000, January 23, 2001 | |
| 18 | 08/06/2001 | DISK - TRA's filed 8-4-02, 11 Volumes, 3 disks | |
| 19 | 08/10/2001 | Affidavit of Service for Transcripts filed 8-4-01 | |
| 20 | 08/20/2001 | RECORD ON APPEAL (4 vols.), Exhibts & Depositions (8) Not rec'd: #62 (Return Receipts); 140 (Pl's | |
| 21 | 08/20/2001 | Exh. 1--large photo); 143(Pl's Exh. 3--large map);225(Def's Exh. 306--large diagram); & 227(Def.'s | |
| 22 | 08/20/2001 | Exh. 309--large map) | |
| 23 | 10/11/2001 | MOTION FOR EXTENSION OF PAGE LIMITS (via fax) | |
| 24 | 10/11/2001 | ACTION BY CHIEF JUSTICE (Western Nat'l may have additional 1750 word; equivalent to 7 pages) - Granted | |
| 25 | 10/15/2001 | APPELLANT BRIEF | View |
| 26 | 10/15/2001 | APPELLANT APPENDIX | |
| 27 | 10/25/2001 | DISK - ATB | |
| 28 | 11/05/2001 | MOTION FOR EXTENSION OF PAGE LIMITS FOR AEB (FAXED COPY) | |
| 29 | 11/06/2001 | ACTION BY CHIEF JUSTICE (UND granted 1750 add'l words for AEB) - Granted | |
| 30 | 11/07/2001 | Original of Motion for Ext of Page Limits for AEB | |
| 31 | 11/13/2001 | APPELLEE BRIEF | View |
| 32 | 11/13/2001 | APPELLEE APPENDIX | |
| 33 | 11/15/2001 | DISK - AEB | |
| 34 | 11/21/2001 | MOT. EXT/TIME REPLY BRIEF & Affidavit of Timothy G. Richard (Faxed copies) | |
| 35 | 11/21/2001 | ACTION BY CLERK - Granted : 12/07/2001 | |
| 36 | 11/23/2001 | Original Motion for Ext/Time/RYB & Aff/Support (Same as faxed copies filed 11-21-01) | |
| 37 | 11/23/2001 | Corrected TOA & page 13 for AEB | |
| 38 | 11/23/2001 | DISK - AEB | |
| 39 | 11/26/2001 | UND's Response to AT's Motion for Extension of Time (faxed copy)(objection noted) | |
| 40 | 11/28/2001 | ACTION BY CHIEF JUSTICE (extension will not be overturned) - Denied | |
| 41 | 11/29/2001 | Orig. and 7 copies of UND's Response to AT's Motion for Extension of Time | |
| 42 | 12/07/2001 | REPLY BRIEF of Appellant | View |
| 43 | 12/11/2001 | DISK - RYB | |
| 44 | 01/02/2002 | Request for Radio/TV Coverage (AP) (e-mail dated 1-02-02 from Dale Wetzel) (APPROVED) | |
| 45 | 01/24/2002 | Letter from Sara Gullickson McGrane of 1-24-02, with cy of District Court Memorandum Opinion & | |
| 46 | 01/24/2002 | Order Granting Partial Summary Judgment and Granting Motion to Amend (distributed to the Court) | |
| 47 | 01/29/2002 | APPEARANCES: Ronald H. McLean & Timothy G. Richard, James T. Martin; Sara Gullickson McGrane and | |
| 48 | 01/29/2002 | Julie A. Evans, General Counsel for UND | |
| 49 | 01/29/2002 | ARGUED: McLean; Gullickson | |
| 50 | 01/29/2002 | ORAL ARGUMENT WEBCAST | |
| 51 | 04/16/2002 | DISPOSITION | |
| 52 | 04/16/2002 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
| 53 | 04/16/2002 | Costs on appeal taxed in favor of appellee | |
| 54 | 04/19/2002 | Order/Judgment Mailed to Parties | |
| 55 | 05/10/2002 | MANDATE | |
| 56 | 06/10/2002 | Corrected Opinion Pages 5, 13 & 14 | |
| 57 | 05/15/2001 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 58 | 08/20/2007 | EXPUNGED - Nonpermanent record items destroyed |