Overboe v. Farm Credit Services of Fargo, No. 20000236.

CourtNorth Dakota Supreme Court
Writing for the CourtMARING, Justice.
Citation623 N.W.2d 372,2001 ND 58
Docket NumberNo. 20000236.
Decision Date20 March 2001
PartiesThomas K. OVERBOE, Plaintiff and Appellant, v. FARM CREDIT SERVICES OF FARGO, and Neal Sundet, Defendants and Appellees.

623 N.W.2d 372
2001 ND 58

Thomas K. OVERBOE, Plaintiff and Appellant,
v.
FARM CREDIT SERVICES OF FARGO, and Neal Sundet, Defendants and Appellees

No. 20000236.

Supreme Court of North Dakota.

March 20, 2001.


623 N.W.2d 373
David A. Overboe, Fargo, ND, for plaintiff and appellant

Roger J. Minch, Serkland Law Firm, Fargo, ND, for defendants and appellees.

MARING, Justice.

[¶ 1] Thomas K. Overboe appealed from a summary judgment dismissing his negligence and breach of contract action against Farm Credit Services of Fargo and Neal Sundet. We conclude the trial court did not err in ruling Overboe's claims are barred as a matter of law by the statute of limitations, and we affirm.

I

[¶ 2] Overboe farmed in Richland and Cass counties, and obtained operating loans and crop insurance from Farm Credit Services, through its loan officer and insurance agent, Sundet. According to Overboe, in 1991 Sundet agreed to obtain multi-peril crop insurance for Overboe's Richland and Cass County farmland, but Sundet obtained the insurance only for Overboe's Richland County property. In 1992, Overboe suffered crop damage in Cass County, resulting in a $9,024 loss.

[¶ 3] In 1993, Overboe again suffered crop damage and he received insurance and federal disaster payments for losses to his sunflower and corn crops. Under federal regulations, Overboe was then required

623 N.W.2d 374
to carry multi-peril crop insurance on both his sunflower and corn crops for the 1994 crop year. According to Overboe, Sundet agreed to provide multi-peril insurance on Overboe's sunflower and corn crops, but did not do so. On April 3, 1995, the Cass County Farm Service Agency informed Overboe he had to repay $19,619.71 in 1993 federal disaster payments he had received because he did not have multi-peril crop insurance on his 1994 sunflower crop. Overboe appealed the Farm Service Agency decision through federal administrative channels, and the agency decision was ultimately upheld in September 1996

[¶ 4] Overboe commenced this action on April 23, 1997, alleging Sundet and Farm Credit Services were liable for damages for negligence and breach of contract arising from Sundet's failure to acquire for him appropriate multi-peril crop insurance during the 1992 and 1994 crop years. Overboe moved for summary judgment on his claims for negligence and breach of contract. The defendants brought a cross-motion for summary judgment, alleging Overboe's action was barred by the two-year statute of limitations contained in N.D.C.C. § 26.1-26-51(1). The trial court ruled the action was barred by the statute of limitations and dismissed Overboe's claims without reaching the merits of Overboe's motion for summary judgment. Overboe appealed.

II

[¶ 5] Summary judgment under N.D.R.Civ.P. 56 is a procedural device for promptly disposing of a lawsuit without trial if, after viewing the evidence in the light most favorable to the non-moving party, there are no genuine issues of material fact or conflicting inferences which can reasonably be drawn from undisputed facts, or if the only issues to be resolved are questions of law. Dan Nelson Construction, Inc. v. Nodland & Dickson, 2000 ND 61, ¶ 13, 608 N.W.2d 267. A party seeking summary judgment has the burden of clearly demonstrating there is no genuine issue of material fact. Egeland v. Continental Resources, Inc., 2000 ND 169, ¶ 8, 616 N.W.2d 861.

[¶ 6] The statute of limitations for actions against licensed insurance agents is set forth in N.D.C.C. § 26.1-26-51:

A civil action for the recovery of damages resulting from negligence or breach of contract brought against any person licensed under this chapter by any person claiming to have been injured as a result of the providing of insurance services or the failure to provide insurance services by a licensee may not be commenced in this state after July 31, 1995, unless the action is commenced on or before the earlier of:

1. Two years from the date the alleged act, omission, or neglect is discovered or should have been discovered by the exercise of reasonable diligence; or

2. Six years after performance of the service for which the claim for relief arises, unless discovery was prevented by the fraudulent conduct of the licensee.

This legislation was approved and filed on April 4, 1995, and became effective August 1, 1995, see 1995 N.D. Sess. Laws ch. 282, § 1, after Overboe's claim had accrued and before Overboe commenced the action.

[¶ 7] Overboe did not argue to the trial court he met the two-year statute of limitations applicable under the circumstances. Rather, Overboe argued N.D.C.C. § 26.1-26-51 cannot be applied retroactively because there is no evidence the Legislature intended the statute to be applied retroactively, and therefore, the general six-year statute of limitations in...

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22 practice notes
  • MKB Mgmt. Corp. v. Burdick, No. 20130259.
    • United States
    • United States State Supreme Court of North Dakota
    • October 28, 2014
    ...language is clear and unambiguous, the legislative intent is presumed clear from the face of the statute. Overboe v. Farm Credit Services, 2001 ND 58, ¶ 9, 623 N.W.2d 372. In interpreting a statute, we presume the Legislature did not intend an absurd or ludicrous result or unjust consequenc......
  • Haugenoe v. Workforce Safety and Ins., No. 20070099.
    • United States
    • United States State Supreme Court of North Dakota
    • April 22, 2008
    ...at the language of the statute itself and give it its plain, ordinary, and commonly understood meaning. Overboe v. Farm Credit Services, 2001 ND 58, ¶ 9, 623 N.W.2d 372. "Although courts may resort to extrinsic aids to interpret a statute if it is ambiguous, we look first to the statutory l......
  • Kelly v. Kelly, No. 20010165.
    • United States
    • United States State Supreme Court of North Dakota
    • February 21, 2002
    ...that it then determines whether these changes are a "material" change in circumstances. See Overboe v. Farm Credit Serv. of Fargo, 2001 ND 58, ¶ 10, 623 N.W.2d 372 ("If possible, each word of a statute must be given effect."). Thus, in enacting N.D.C.C. § 14-09-06.6(6)(a), the Legislature c......
  • Hoff v. Elkhorn Bar, Case No. 1:08-cv-071.
    • United States
    • U.S. District Court — District of North Dakota
    • May 12, 2009
    ...clear from the face of the statute." State v. Norman, 660 N.W.2d 549, 554 (N.D.2003) (quoting Overboe v. Farm Credit Services of Fargo, 623 N.W.2d 372, 375 As stated above, N.D.C.C. § 5-01-06.1 provides, in relevant part, "[e]very spouse, child, parent, guardian, employer, or other person w......
  • Request a trial to view additional results
22 cases
  • MKB Mgmt. Corp. v. Burdick, No. 20130259.
    • United States
    • United States State Supreme Court of North Dakota
    • October 28, 2014
    ...language is clear and unambiguous, the legislative intent is presumed clear from the face of the statute. Overboe v. Farm Credit Services, 2001 ND 58, ¶ 9, 623 N.W.2d 372. In interpreting a statute, we presume the Legislature did not intend an absurd or ludicrous result or unjust consequenc......
  • Haugenoe v. Workforce Safety and Ins., No. 20070099.
    • United States
    • United States State Supreme Court of North Dakota
    • April 22, 2008
    ...at the language of the statute itself and give it its plain, ordinary, and commonly understood meaning. Overboe v. Farm Credit Services, 2001 ND 58, ¶ 9, 623 N.W.2d 372. "Although courts may resort to extrinsic aids to interpret a statute if it is ambiguous, we look first to the statutory l......
  • Kelly v. Kelly, No. 20010165.
    • United States
    • United States State Supreme Court of North Dakota
    • February 21, 2002
    ...that it then determines whether these changes are a "material" change in circumstances. See Overboe v. Farm Credit Serv. of Fargo, 2001 ND 58, ¶ 10, 623 N.W.2d 372 ("If possible, each word of a statute must be given effect."). Thus, in enacting N.D.C.C. § 14-09-06.6(6)(a), the Legislature c......
  • Hoff v. Elkhorn Bar, Case No. 1:08-cv-071.
    • United States
    • U.S. District Court — District of North Dakota
    • May 12, 2009
    ...clear from the face of the statute." State v. Norman, 660 N.W.2d 549, 554 (N.D.2003) (quoting Overboe v. Farm Credit Services of Fargo, 623 N.W.2d 372, 375 As stated above, N.D.C.C. § 5-01-06.1 provides, in relevant part, "[e]very spouse, child, parent, guardian, employer, or other person w......
  • Request a trial to view additional results

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