Myaer v. Nodak Mutual Insurance Co.
North Dakota Supreme Court
1DissentCrothers, Justice
[¶ 26] I respectfully dissent from Part II of the majority opinion. I would reverse the district court, making Part III unnecessary.
[¶ 27] The majority affirms after giving the word “accrue” technical meaning. Majority Opinion at ¶ 17 (“Considering the technical meaning given to the term ‘accrue’ in this context, we agree with the district court that, as a matter of law, Myaer is entitled to the deferred commissions.”). I respectfully disagree with the majority’s reliance on an encyclopedia and an aging Texas case to reach its conclusion. I also believe the majority erroneously deviates from…
2Cases cited8 opinions
- Western National Mutual Insurance Co. v. University of North DakotaNorth Dakota Supreme Court · 2002
- American Nat. Ins. Co. v. TeagueTexas Commission of Appeals · 1922
- Dunford v. TryhusNorth Dakota Supreme Court · 2009
- Schwarz v. GierkeNorth Dakota Supreme Court · 2010
- State Ex Rel. North Dakota Department of Labor Ex Rel. Johnson v. Matrix Properties Corp.North Dakota Supreme Court · 2009
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