North Star Mutual Ins. Co. v. Stewart

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North Star Mutual Ins. Co. v. Stewart

Case Number
Call Date
January 5, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-485, North Star Mutual Insurance Company, as subrogee of Julie Blazer v. Travis Stewart [Appellant]

District Court for Adams County, Honorable Stephen R. Illingworth

Attorneys: Jared J. Krejci (Smith, Johnson, Allen, Connick & Hansen) for appellant; Brad Entwistle (Walentine O’Toole) for appellee

Civil: Indemnity under insurance contract

Proceedings below: County court dismissed action, district court sitting as appellate court found plain error in dismissal and reinstated action.

Issues: Did the district court err in (1) determining the county court order rose to the level of plain error or was reviewable under the plain error standard, (2) reversing the county court’s order, (2) determining North Star’s action was not barred by the rule against claim splitting, and (4) considering an affidavit filed with the county court but not offered into evidence or received in evidence in the county court proceedings?

Schedule Code