Sandberg v. American Family Ins. Co.

4 Citing cases

  1. Trosen v. Trosen

    2014 N.D. 7 (N.D. 2014)   Cited 13 times

    Accordingly, this Court's decision on dismissal of the equitable claims is an improper advisory opinion. See Sandberg v. American Family Ins. Co., 2006 ND 198, ¶¶ 19–21, 722 N.W.2d 359 (Crothers, J., concurring specially). [¶ 33] Daniel J. Crothers

  2. K&L Homes, Inc. v. Am. Family Mut. Ins. Co.

    2013 N.D. 57 (N.D. 2013)   Cited 29 times   4 Legal Analyses
    Listing state supreme courts reaching this conclusion

    Again, however, that analysis is best left to a case properly developed through the adversarial process. Sandberg v. American Family Ins. Co., 2006 ND 198, ¶¶ 19–21, 722 N.W.2d 359 (Crothers, J., concurring specially). [¶ 42] DANIEL J. CROTHERS

  3. Barrett v. Gilbertson

    2013 N.D. 35 (N.D. 2013)   Cited 14 times
    Holding that a contractor was excused from performance when homeowners refused to allow him onto the premises to repair alleged defects in the home's construction

    That settlement makes decision on the construction claims improperly advisory. See State v. Morin, 2012 ND 75, ¶ 16, 815 N.W.2d 229 (Crothers, J., concurring specially); and Sandberg v. American Family Ins. Co., 2006 ND 198, ¶¶ 19–21, 722 N.W.2d 359 (Crothers, J., concurring specially). Rachel may well have been confused about some of the specifics, but contracts are based on mutual understandings, not unilateral misunderstandings.

  4. Hasper v. Center Mutual Ins. Co.

    2006 N.D. 220 (N.D. 2006)   Cited 26 times

    This limitation does not apply to underinsured motorist coverage when the insured has advised the insurer, in compliance with subsection 2 of section 26.1-40-15.5, and the insurer has failed to advance the required payment to protect its right of reimbursement and subrogation. N.D.C.C. § 26.1-40-15.6(7); see Sandberg v. American Family Ins. Co., 2006 ND 198, ¶ 10, 722 N.W.2d 359. Upon receipt of notice of a proposed settlement, the UIM insurer must substitute its own funds for the proposed settlement to preserve its subrogation rights against the underinsured tortfeasor: No insurer providing underinsured motorist coverage has a right of subrogation against an underinsured motorist if the insurer has been provided with a written notice in advance of an agreement, settlement, or judgment between its insured and the underinsured motorist, and the insurer fails to advance a payment to the insured in an amount equal to the tentative agreement or settlement within thirty days following receipt of such notice.