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North Dakota
Supreme Court
Opinions
July 7, 2000 Mead v. Farmers Union Mutual Ins. Co., 2000 ND 139 An insurer generally has a duty to defend an action against its insured if the allegations in the complaint give rise to the possibility of coverage under the insurance policy. A jury's finding in a criminal case that an insured acted intentionally and was not acting in self-defense when he killed another person is res judicata, precluding relitigation of the issue of intent in a later civil action. July 5, 2000 Disciplinary Board v. Keller, 2000 ND 138 Interim suspension of lawyer ordered. July 3, 2000 Johnson Farms v. McEnroe, 2000 ND 137 Where the inconsistencies and ambiguities in the trial court's findings of fact and conclusions of law are incapable of reconciliation to support a judgment, reversal and remand for a new trial is required. One spouse cannot be divested of homestead rights by judicial proceedings in which only the other spouse is a party, even if title to the homestead property is in the name of the other spouse alone. N.D. Securities Commissioner v. Juran and Moody, Inc., 2000 ND 136 When an agency requests that the Office of Administrative Hearings designate an Administrative Law Judge to issue a final decision, and appeal is not expressly prohibited, the requesting agency may appeal. |