Ryberg v. Landsiedel
Decision Date | 24 March 2021 |
Docket Number | No. 20200189,20200189 |
Citation | 956 N.W.2d 749 |
Parties | Jason RYBERG, individually and as heir at law for Heather Ryberg, deceased, Plaintiff and Appellant and Nodak Insurance Company, Interested Party and Appellant v. Darren J. LANDSIEDEL, Defendant and Appellee |
Court | North Dakota Supreme Court |
Scott K. Porsborg (argued) and Austin T. Lafferty (appeared), Bismarck, ND, for plaintiff and appellants.
Lawrence E. King (argued) and Alyssa L. Lovas (appeared), Bismarck, ND, for defendant and appellee.
[¶1] Jason Ryberg appeals from a judgment dismissing his action with prejudice after the district court granted the defendant Darren Landsiedel's motion to enforce a settlement agreement. Nodak Insurance Company ("Nodak") appeals the court's order denying its motion to intervene in the case. Because no evidence establishes the terms by which the parties intended to settle Ryberg's action, the district court erred in granting Landsiedel's motion seeking to enforce a settlement agreement. We vacate the order denying intervention and reverse the judgment of dismissal.
[¶2] In November 2016, Ryberg's wife, Heather Ryberg, was killed when Landsiedel's vehicle hit her on a rural Burleigh County highway in the early morning hours. In March 2018, Ryberg sued Landsiedel for the wrongful death of his wife.
[¶3] Landsiedel was insured by Allstate Insurance Company and had liability policy limits of $25,000. Ryberg was insured by Nodak, with "substantial" underinsured motorist ("UIM") limits. Allstate offered Ryberg policy limits to settle his wrongful death claim. Ryberg notified Nodak of Allstate's offer of the policy limits for "full and final settlement" of the wrongful death claim. Nodak agreed to advance payment of $25,000 to Ryberg to maintain its reimbursement or subrogation rights under N.D.C.C. § 26.1-40-15.5. According to a letter from Nodak to Allstate, Nodak's draft was issued to Ryberg on March 13, 2018.
[¶4] On January 14, 2020, a week before the scheduled trial on Ryberg's wrongful death action against Landsiedel, Nodak and Ryberg agreed to settle Ryberg's UIM claim for $100,000, in addition to the $25,000 Nodak already paid under the statute. After being notified, Landsiedel's counsel filed a notice of settlement with the district court, and the case was taken off the calendar. Because no closing documents were filed, the court set a status conference for February 27, 2020.
[¶5] On the day of the status conference, Nodak moved to intervene in the action, seeking to preserve its right of reimbursement or subrogation. Landsiedel filed a substitution of counsel, moved for an extension of time, and subsequently opposed the motion to intervene. The court denied Nodak's motion to intervene, finding it was untimely.
[¶6] In June 2020, Landsiedel filed a motion to enforce a settlement agreement. Ryberg opposed the motion and requested oral argument. The district court granted Landsiedel's motion. Judgment was entered dismissing the case with prejudice.
[¶7] This case tangentially involves Ryberg's settlement of his UIM claim against Nodak. UIM insurance is a first-party coverage and governed by statute in North Dakota. See Gillespie v. Nat'l Farmers Union Prop. & Cas. Co. , 2016 ND 193, ¶ 8, 885 N.W.2d 771 ; Hasper v. Ctr. Mut. Ins. Co. , 2006 ND 220, ¶ 7, 723 N.W.2d 409.
[¶8] Under North Dakota law, UIM coverage must pay "compensatory damages which an insured is legally entitled to collect for bodily injury, sickness, disease, including death resulting therefrom, of such insured, from the owner or operator of an underinsured motor vehicle arising out of the ownership, maintenance, or use of such underinsured motor vehicle." N.D.C.C. § 26.1-40-15.3(1) (emphasis added). The insured has the initial burden to establish liability. See Gillespie , 2016 ND 193, ¶ 12, 885 N.W.2d 771. Under N.D.C.C. § 26.1-40-15.1(2), an "[u]nderinsured motor vehicle" is defined as:
[¶9] In DeCoteau v. Nodak Mutual Insurance Company this Court discussed when UIM coverage is triggered and a UIM insurer's maximum liability:
2000 ND 3, ¶ 16, 603 N.W.2d 906.
[¶10] A UIM insured who desires to settle with the underinsured tortfeasor is required to give written notice of the proposed settlement to the UIM insurer; coverage may be excluded if the insured fails to give notice. Hasper , 2006 ND 220, ¶ 7, 723 N.W.2d 409 ; see also N.D.C.C. § 26.1-40-15.6(7). "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." Hasper , at ¶ 7. Regarding reimbursement and subrogation, N.D.C.C. § 26.1-40-15.5 provides, in relevant part:
(Emphasis added.) In Hasper , at ¶ 9, this Court further discussed this procedure under the policy in that case and North Dakota law:
[¶11] The issues in this case have arisen because Landsiedel's ultimate liability has not been finally determined but Ryberg's action against Landsiedel has been dismissed. Although the district court granted Landsiedel's motion to enforce a "settlement agreement," the terms of the parties’ agreement have not been established. The parties dispute on appeal whether the case was settled.
[¶12] Ryberg and Nodak argue the district court erred in granting Landsiedel's motion seeking to enforce an alleged settlement agreement.
[¶13] "A settlement agreement is a contract between parties, and thus contract law applies." Lund v. Swanson , 2021 ND 38, ¶ 9 ; see also Kuperus v. Willson , 2006 ND 12, ¶ 11, 709 N.W.2d 726. "In North Dakota, the law looks with favor upon compromise and settlement of controversies between parties, and where the settlement is fairly entered into, it should be considered as disposing of all disputed matters which were contemplated by the parties at the time of the settlement." Kuperus , at ¶ 10 (quoting Vandal v. Peavey Co. , 523 N.W.2d 266, 268 (N.D. 1994) ); see also Thomas C. Roel Assoc., Inc. v. Henrikson , 295 N.W.2d 136, 137 (N.D. 1980). "When a settlement is fairly made before trial, it ‘takes on the character of a contract between the parties and is final and conclusive, and based on good consideration.’ " Kuperus , at ¶ 10 (quoting Bohlman v. Big River Oil Co. , 124 N.W.2d 835, 837 (N.D. 1963) ). "A settlement will not be set aside absent a showing of fraud, duress, undue influence, or any other grounds for rescinding a contract." Id. (citing Bohlman , at 837-39 ).
[¶14] This Court has recognized that an attorney may not compromise a client's claims in the absence of express authority and that an attorney may not waive a client's substantial rights without the client's consent. Midwest Fed. Savings Bank v. Dickinson Econo-Storage , 450 N.W.2d 418, 421 (N.D. 1990). Whether an attorney has been given express authority to settle a claim normally...
To continue reading
Request your trial-
Lovro v. City of Finley
...not the product of a rational mental process leading to a reasoned determination." Id. (citing Ryberg v. Landsiedel , 2021 ND 56, ¶ 21, 956 N.W.2d 749 ). "[W]hen further discovery would not involve an issue which is the subject matter of the summary judgment motion, a trial court does not a......
-
Wades Welding LLC v. Tioga Props., LLC
...decision is not the product of a rational mental process leading to a reasoned determination. Ryberg v. Landsiedel , 2021 ND 56, ¶ 21, 956 N.W.2d 749. [¶10] In Tioga Properties’ brief in support of its motion to continue, Janice Ellsworth stated she "[felt] uncomfortable traveling to North ......
-
Smith v. Smith (In re Smith)
..., in which this Court reversed a conclusory order, entered without a hearing, and without evidence in the record. 2021 ND 56, ¶ 18, 956 N.W.2d 749. Charlene and LeeAllen Smith argue this Court should not reverse merely because the district court adopted one party's proposed findings, unless......
-
Wades Welding LLC v. Tioga Props.
...its decision is not the product of a rational mental process leading to a reasoned determination. Ryberg v. Landsiedel, 2021 ND 56, ¶ 21, 956 N.W.2d 749. [¶10] In Tioga Properties' brief in support of its motion to continue, Janice Ellsworth stated she "[felt] uncomfortable traveling to Nor......