North Dakota Indemnity Law

Joe R. Whatley v. Canadian Pacific Railway Company

Joe Whatley, Trustee of the wrongful death claimants' trust (WD Trust),appeals the district court's order finding that his claim under the CarmackAmendment, 49 U.S.C. § 11706, against Canadian Pacific Railway was untimely. Wereverse and remand for further proceedings. I.BACKGROUND On June 29, 2013, a train carrying crude oil left New Town, North Dakota,destined for an oil refinery near Sa... More...

$0 (09-18-2018 - ND)

Dawson Farms v. Risk Management Agency

Dawson Farms (Dawson) challenges the Risk Management Agency's ("the RMA") denial of its crop-insurance claim alleging loss due to rot in stored potatoes. The RMA is a federal agency that serves as the reinsurer of Dawson's insurance policy. A final agency review affirmed the RMA's denial of Dawson's claim, finding that the insurance adjuster's sampling of the stored potatoes followed adequate samp... More...

$0 (11-08-2012 - ND)

<a href="http://www.court.state.nd.us/court/opinions/20060308.htm" Superior, Inc. v. Behlen Mfg. Co.</a>

[1] Superior, Inc. ("Superior") appealed from summary judgment dismissing its action against Behlen Manufacturing Co. ("Behlen"). Superior argues the district court erroneously concluded that its claim was time barred by the four-year statute of limitations governing contracts for the sale of goods. Superior also contends the district court erred when it failed to apply the doctrines of equit... More...

$0 (09-08-2007 - ND)

<a href="http://www.court.state.nd.us/COURT/OPINIONS/20020073.htm" target"_new">Grinnell Mutual Reinsurance Co. v. Center Mutual Ins. Co.</a>

[1] Center Mutual Insurance Company ("Center") appealed from a declaratory judgment holding that an automobile insurance policy it issued to Steven R. Haskins provided coverage for injuries suffered by James D. Jones in an accident on Haskins' farm, and ordering Center to indemnify Grinnell Mutual Reinsurance Company ("Grinnell") for a settlement payment made by Grinnell to Jones and for a guar... More...

$42684 (03-26-2003 - ND)

<a href="http://www.court.state.nd.us/COURT/OPINIONS/20020207.htm" target"_new">American National Fire Insurance Company as subrogee of United Crane & Excavation v. Gary Hughes</a>.

[1] American National Fire Insurance Company, as subrogee of United Crane & Excavation, appeals from a summary judgment dismissing its subrogation action against Gary Hughes. We hold American National is not entitled to subrogation from Hughes because for purposes of subrogation he was not a third party but an implied co-insured under American National's insurance policy with United Crane. We affi... More...

$0 (03-26-2003 - ND)

<a href="http://www.court.state.nd.us/court/opinions/20010082.htm" target="_new">Janice A. Piatz, et al. v. Austin Mutual Insurance Company</a>

[1] Janice Piatz and Rebecca Johnson appeal from the trial court's judgment dismissing their claims against Austin Mutual Insurance Company for breach of contract and bad faith. We affirm. I [2] On July 2, 1997, Janice Piatz and her daughter, Rebecca Johnson, were both injured in an accident when a Barnes County mower tractor made a sudden left turn in front of their pickup on a highwa... More...

$0 (07-11-2002 - ND)

<a href="http://www.court.state.nd.us/COURT/OPINIONS/20020058.htm" target="_new">Mark V. Larson v. Norkot Manufacturing, Inc., et al.</a>

[1] Norkot Manufacturing, Inc., Western Industries, Inc., and James Page (collectively, "Page") appealed a district court memorandum and order granting a renewed motion for summary judgment dismissing Page's legal malpractice claims against Mark V. Larson and the law firm of McGee, Hankla, Backes & Wheeler, P.C., ("McGee").(1) We conclude there are genuine issues of material fact precluding summar... More...

$0 (11-08-2002 - ND)

<a href="http://www.court.state.nd.us/court/opinions/20010086.htm" target="_new">Olander Contracting Co. v. Gail Wachter Investments, et al.</a>

[1] The City of Bismarck ("Bismarck") appealed a judgment and orders entered in an action brought by Olander Contracting Co. ("Olander") against Bismarck, Gail Wachter d/b/a Gail Wachter Investments ("Wachter"), and Dakota Sand and Gravel, Inc.(1) Wachter and Olander cross-appealed. We affirm. [2] In 1997, Olander, Wachter, and Bismarck entered into a water and sewer construction contract i... More...

$220000 (04-16-2002 - ND)