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State of ND v. NDSU, et al.

Docket No. 20040228
Oral Argument: Wednesday, December 22, 2004 10:45am

Docket Info

Title
State of North Dakota, by and
through the State Fire and
Tornado Fund of the North Dakota
Insurance Department, Plaintiff, Counterclaim Defendant,
Crossclaim Defendant, and Appellee
v.
North Dakota State University, Defendant, Counterclaimant,
Third-Party Plaintiff, and Appellant
v.
Hartford Steam Boiler Inspection
and Insurance Company, Third-Party Defendant,
Crossclaimant, and Appellee
Case Type
CIVIL APPEAL : INSURANCE
Appeal From
Case No. 02-C-01787
East Central Judicial District, Cass County
Ronald E. Goodman
2005 ND 75694 N.W.2d 225
Oral Argument 12/22/2004

Highlight

For purposes of an insurance policy exclusion for surface water damage, surface water does not lose its character as surface water by being diverted underground through man-made structures.
The efficient proximate cause doctrine applies only where two or more independent forces operate to cause the loss.
The efficient proximate cause doctrine does not apply to a loss caused by a discernable cause even though the insured attempts to characterize the cause in various ways to create the appearance of multiple causes.
A covered peril that is merely a concurrent cause is insufficient to allow coverage under the efficient proximate cause doctrine.

Briefs

Filing Date Description
09/20/2004 APPELLANT BRIEF View
10/21/2004 APPELLEE BRIEF (Hartford Steam Boiler Inspection and Insurance Company) View
10/22/2004 APPELLEE BRIEF (State Fire & Tornado Fund of the ND Ins. Dept.) View
11/08/2004 REPLY BRIEF & Addendum View

Counsel

Party Type Name
APPELLEE CORPORATE COUNSEL Not Licensed in ND - 00002
APPELLEE CORPORATE COUNSEL Not Licensed in ND - 00002
APPELLEE SPEC. ASST. ATTY. GEN. Leo F J Wilking - 03629
APPELLANT SPEC. ASST. ATTY. GEN. Sara Gullickson McGrane - 04937
APPELLANT PRIVATE PRACTICE Rick D Johnson - 03405

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 08/16/2004 NOTICE OF APPEAL : 08/12/2004
2 08/16/2004 ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning
3 09/01/2004 Affidavit of Michael McNamee in Support of Rule 11.1(e)
4 09/02/2004 Affidavit of Terrence R. Joy in Support of Rule 11.1(e)
5 09/14/2004 RECORD ON APPEAL (3 Vols.) & Separates #59(w/Attachments), #60(w/Exhibits 1-29),
6 09/14/2004 #61 (w/Exhibits 1-55), #62 (w/Depositions), #63 (w/Exhibits 30-65), #66 (w/Exhibits A-I), #73,
7 09/14/2004 #75 (w/Exhibits A-Z and AA-GG), #76 (w/Exhibits A-Y), #79, #81 (w/Exhibits), #82 (NOT REC'D #95)
8 09/20/2004 APPELLANT BRIEF View
9 09/20/2004 APPELLANT APPENDIX
10 09/21/2004 DISK - ATB
11 10/21/2004 APPELLEE BRIEF (Hartford Steam Boiler Inspection and Insurance Company) View
12 10/21/2004 APPELLEES' JOINT APPENDIX
13 10/22/2004 DISK - AEB (Hartford Steam Boiler Inspection and Insurance Company)
14 10/22/2004 APPELLEE BRIEF (State Fire & Tornado Fund of the ND Ins. Dept.) View
15 10/28/2004 DISK - AEB (State Fire & Tornado Fund of the ND Ins. Dept.) (e-mailed)
16 11/08/2004 REPLY BRIEF & Addendum View
17 11/10/2004 DISK - RYB
18 11/24/2004 SITTING WITH THE COURT : Jorgensen, Donald L.
19 11/26/2004 Request for Radio/TV Coverage - ND Public Radio (email dated 11-26-04 from Jack McDonald) APPROVED
20 12/01/2004 Request for Radio/TV Coverage (AP) email dated 12-01-04 from Dale Wetzel (APPROVED)
21 12/20/2004 Letter from Michael P. McNamee dated 12-17-04 w/ attached copy of Opinion from Texas Court of
22 12/20/2004 of Appeals (Valley Forge Ins. Company v. Hicks Thomas, et al.)
23 12/22/2004 APPEARANCES: Ms. Sara Gullickson McGrane, Rick D. Johnson and Rick Frantz; Leo F.J. Wilking;
24 12/22/2004 Terrence R. Joy, Michael P. McNamee, and W. Todd Haggart
25 12/22/2004 ARGUED: McGrane; Wilking; Joy (Vol. Z; Page 69)
26 12/22/2004 ORAL ARGUMENT WEBCAST
27 12/23/2004 Copy of letter from Bd of Law Exam. to Terrance Joy re receipt of payment for 2005 to appear
28 12/23/2004 pro hac vice
29 04/06/2005 DISPOSITION
30 04/06/2005 UNANIMOUS OPINION : Sandstrom, Dale V. View
31 04/06/2005 Costs on appeal taxed in favor of appellee
32 04/07/2005 Order/Judgment Mailed to Parties
33 05/04/2005 MANDATE
34 05/05/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
35 10/27/2011 EXPUNGED - Nonpermanent record items destroyed