Guaranty National Insurance Company (Guaranty) appealed from a district court judgment awarding damages to Erika Bjorn-son. We conclude that the trial court iim providently certified the judgment as final under Rule 54(b), N.D.R.Civ.P., and we dismiss the appeal.
Jeff Bjornson, Erika’s father, was killed in an automobile accident in Arizona while he wаs riding in a ear driven by Rodger Ro-saaen. The liability insurer of Rosaаen’s vehicle, Old Hickory Casualty Insurance Company, settled with three sets of claimants, paying them, collectively, the $30,000.00 liability limits under Rosaaen’s policy. In that settlement Erika and Jan Bjornson, Erikа’s mother, each received $5,000.00.
At the time of the accident, Jeff had an automobile liability insurance policy with Guaranty аnd Jan had a policy with Farmers Insurance Exchange (Farmers). Jan and Erika sued Guaranty and Farmers seeking compensation under the Uninsured Motorist (UM) and Underinsured Motorist (UIM) provisions of those pоlicies.
The trial court construed the UM and UIM provisions of Guarаnty’s liability policy and, based upon stipulated facts betweеn Guaranty and Jan and Erika, awarded Erika $30,000.00 plus interest. Farmers refused to stipulate to the facts, and a trial is pending on Jan and Erika’s claims for damages against Farmers. The trial court enterеd a Rule 54(b), N.D.R.Civ.P., certification, and Guaranty appealed.
Under Rule 54(b), N.D.R.Civ.P., a trial court “may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties оnly upon the express determination that there is no just reason for delay and upon an express direction for the entry of judgment.” The burden is upon the party requesting Rule 54(b), N.D.R.Civ.P., certification to show extraordinary circumstances or that cognizable, unusual hardship to the litigants will arise if
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resolution of the issues on appeal is deferred.
Slaubaugh v. Slaubaugh,
No party requested Rule 54(b), N.D.R.Civ.P., сertification. Upon construing the Guaranty insurance poliсy, the court entered that certification on its own initiative. In grаnting certification, the trial court merely stated that there wаs no reason for delaying entry of final judgment against Guaranty beсause “all claims against Guaranty have been disposed оf, and said claims are independent from the remaining claims against Defendant Farmers.” The parties conceded during oral argument that our determination of the issues raised on this apрeal would impact Farmers’ liability to Jan and Erika under its liability policy. However, Farmers is not a party to the partial judgment and is not represented in this appeal.
The trial court did not delineate any unusual or compelling circumstances in this cаse requiring judicial review before . all claims are resolved against all parties. The parties did not present any evidеnce or argument to demonstrate that someone would suffеr hardship or prejudice if early review is denied. Rule 54(b), N.D.R.Civ.P., was not аdopted to authorize advisory opinions,
Gissel, supra,
Accordingly, we dismiss the appeal.