Fall 2016 | Page 17

whom the support is owed brings an action for contempt for failure to pay the court ordered support. The Supreme Court reiterated the principle that where a court has issued an order, even if erroneous, the party against whom the order was issued must obey it as long as it remains in force or until it is reversed, modified, or set aside on appeal and the failure to obey such order is punishable as contempt of court. Moreover, the Supreme Court expressed concern over the District Court’s statement that the support obligor’s retirement could not be considered a new fact or a material change in financial circumstances (justifying a reduction or elimination of the support obligation) because it was discussed during the divorce proceedings and therefore, would have been something contemplated at the time of the original divorce proceedings. The Court quite aptly noted that such a broad application of the “material change” law seemingly would prevent modification [of a support order] anytime a 401K or IRA account was involved in the divorce or was mentioned in passing during the divorce. The Court, however, in affirming the District Court stated that it was not necessary to determine whether retirement was anticipated and litigated during the divorce because the District Court properly found that the support obligor still had the ability to pay the support obligation despite his retirement. Gillespie v. National Farmers Union Property & Casualty Co., 2016 ND 193 In affirming the District Court’s grant of summary judgment in favor of the defendant insurer in an underinsured motorist insurance (UIM) claim, the Supreme Court noted that an insured’s right to recover UIM coverage from the insurer is unequivocally conditioned on the insured establishing that she is legally entitled to recover for injuries resulting from the tortious conduct of the owner or operator of an underinsured motor vehicle and that it is undisputed that the insured has the initial burden to establish that liability. Moreover, no UIM claim is available until the insured has exhausted all applicable bodily liability policies by payment of settlements, judgments, or written offers. The denial of liability by the tortfeasor’s liability insurer (on the part of its insured), by itself, does not resolve whether its insured is legally liable for any of the UIM insured’s injuries and is insufficient to raise a genuine issue of material fact that the limits of all applicable bodily injury liability policies have been exhausted. Therefore, as a matter of law, the UIM insured failed to establish that she was entitled to UIM coverage, and the Supreme Court held that the District Court properly granted the UIM insurer summary judgment. Michael J. Morley received his juris doctor with distinction and was admitted to the Order of the Coif upon graduation from the University of North Dakota School of Law in 1979. That same year, he was admitted to practice law in North Dakota State Courts and the United States District Courts for the District of North Dakota. In 1981, he was admitted in the Minnesota State Courts and the United State District Court for the District of Minnesota, as well as the United States Court of Appeals for the Eighth Circuit. He is a member of the State Bar Associations of North Dakota and Minnesota, and is currently president and shareholder of Morley Law Firm, Ltd., in Grand Forks. FALL 2016 17