Search Tips

Tibert et al. v. Nodak Mutual

Docket No. 20110143
Oral Argument: Wednesday, October 26, 2011 2:45pm

Docket Info

Title
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
Case Type
CIVIL APPEAL : INSURANCE
Appeal From
Case No. 10-C-00532
Northeast Central Judicial District, Grand Forks County
Debbie Gordon Kleven
2012 ND 81816 N.W.2d 31
Oral Argument 10/26/2011

Highlight

Public policy precludes an insured from being indemnified for losses caused by the insured's intentional or willful conduct.
In determining whether coverage is barred by an intentional acts exclusion in an insurance policy or by the statutory prohibition against coverage for intentional or willful conduct, intent to cause the injury or damages can be inferred when the act was done intentionally and was of such a character that harmful consequences are substantially certain to result from the act.
A tortfeasor who acted in concert with another by agreeing to pursue a common plan to commit wrongful acts, with knowledge of the plan and its purpose, intended the harm and injury caused by the wrongful act.
A liability insurer has a duty to defend an underlying action against its insured if the allegations in the complaint give rise to potential liability or the possibility of coverage under the policy, and any doubt about whether a duty to defend exists must be resolved in favor of the insured.

Briefs

Filing Date Description
06/20/2011 APPELLANT BRIEF (e-filed) View
07/28/2011 APPELLEE BRIEF (e-filed) PDF View
08/11/2011 REPLY BRIEF (e-filed) PDF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Scott Kenneth Porsborg - 04904
APPELLANT PRIVATE PRACTICE Scott David Jensen - 04315

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

Seq. # Filing Date Description Attachment
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) View
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 View
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 View
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)
31 04/12/2012 UNANIMOUS OPINION : Sandstrom, Dale V. View
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
35 06/18/2021 EXPUNGED - Nonpermanent record items destroyed