A-24-0818, Millard Gutter Company (Appellant/Cross-Appellee) v. Farmers Mutual Insurance (Appellee/Cross-Appellant)
District Court for Douglas County, District Judge Duane C. DoughertyAttorneys for Appellant/Cross Appellee: Natalie M. Hein and Theodore R. Boecker, Jr.Attorney for Appellee/Cross-Appellant: Micheal T. Gibbons (Woodke & Gibbons, P.C., L.L.O.)
Civil Action: Breach of Contract
Action taken by the Trial Court: In connection with a 2013 storm, Millard Gutter Company obtained an assignment of a claim from a policyholder of Farmers Mutual Insurance. Millard Gutter then filed suit against Farmers Mutual in its own name, as assignee, seeking to recover damages for breach of the insurance contract. Following a jury trial, Millard Gutter obtained a judgment against Farmers Mutual.
Assignments of Error on Appeal: Millard Gutter assigns, consolidated, that the district court erred by (1) failing to award the full amount of attorney fees which Millard Gutter requested, and (2) failing to award Millard Gutter the costs of deposition fees and other litigation expenses incurred.
Farmers Mutual cross-appeals and assigns, consolidated, that the district court erred by (1) concluding that Millard Gutter has standing to prosecute the present action; (2) granting Millard Gutter’s motion to alter or amend its complaint; (3) admitting specific evidence at trial; (4) finding that Millard Gutter was entitled to recovery under the terms of Anzalone’s policy; (5) denying Farmers Mutual’s motions for mistrial; (6) entering judgment on the verdict and denying Farmers Mutual’s post-trial motions to alter or amend and for remittitur; (7) denying Farmers Mutual’s motion to strike Millard Gutter’s claim for prejudgment interest and awarding prejudgment interest; (8) denying Farmers Mutual’s motion to strike Millard Gutter’s claim for attorney fees and awarding attorney fees after trial.