North Star Mutual Insurance Company v. Miller

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North Star Mutual Insurance Company v. Miller

Case Number
Call Date
March 29, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

A-21-0505, North Star Mutual Insurance Company (Appellee and Cross-Appellant) v. Jerry Miller and David Miller d/b/a Old Mill Bulk Foods (Appellant and Cross-Appellee)

Appeal from the District Court for Cherry County, Hon. Mark Kozisek

Attorneys:  Todd R. McWha and Jonathan Peiffer (Waite and McWha Law Firm for Appellant and Cross-Appellee) and Jonathan M. Brown (Wallentine O’Toole LLP for Appellee and Cross-Appellant)

Civil:  Insurance

Proceedings below:  District court determined that “Extra Expense” provision of insurance policy covered cost to purchase walk-in cooler but that it did not cover other modifications and improvements to building that insured leased in order to continue its grocery and deli business. District court awarded insureds part of the attorney fees they requested.

Issues: Whether the extra expenses provision of the insurance policy covered modifications and improvements made to real estate in order to allow the insured to continue its business at a leased replacement location; whether purchase of walk-in cooler was replacement of personal property that was covered by the extra expenses provision or whether it was an improvement to real estate that was not covered; and whether the district court erred in its award of attorney fees to the insured, either by making any award or by failing to award all attorney fees requested.

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