Legal Opinion

Allied Mutual Insurance Co. v. Director of the North Dakota Department of Transportation

North Dakota Supreme Court

Decided January 27, 1999No. Civil No. 980195PublishedCited by 13 opinions

1Opinion of the Court

KAPSNER, Justice.

[¶ 1] Allied Mutual Insurance Company (Allied) appealed from a district court judgment dismissing its complaint. We hold actual notice of an occurrence is insufficient to satisfy the written notice requirement of N.D.C.C. § 32-12.2-04(1) (1995). We affirm the district court judgment.

[¶ 2] In February 1998, Allied filed a complaint alleging on March 25, 1996, Richard Leo Niemi, while acting within the scope of his employment with the North Dakota Department of Transportation (the Department), was driving a Caterpillar 950 loader on United States Interstate Highway 29, north of…

2Cases cited13 opinions

  1. Joseph Osborn and Pamela Osborn, Individually and as Father and Mother and Guardians Ad Litem of Shawna Osborn v. United StatesCourt of Appeals for the Eighth Circuit · 1990
  2. Joset M. Cizek v. United StatesCourt of Appeals for the Tenth Circuit · 1992
  3. State v. SlapnickaNorth Dakota Supreme Court · 1985
  4. State v. RodriguezNorth Dakota Supreme Court · 1990
  5. Swenson v. Northern Crop Insurance, Inc.North Dakota Supreme Court · 1993

8 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. In the Interest of M.D.North Dakota Supreme Court · 1999
  2. Earnest v. GarciaNorth Dakota Supreme Court · 1999
  3. Weber v. WeberNorth Dakota Supreme Court · 1999
  4. Rolette County Social Service Board v. B.E.North Dakota Supreme Court · 2005
  5. Kautzman v. McDonaldNorth Dakota Supreme Court · 2001

8 more not listed; retrieve them via the Exa API.

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