Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Depositors Insurance Co. v. Dollansky

Court of Appeals of Minnesota

December 11, 2017

Depositors Insurance Company, Appellant,
v.
Craig Dollansky, Respondent, Julie Dollansky, Defendant.

         Sherburne County District Court File No. 71-CV-16-213

          Michelle D. Hurley, Yost & Baill, LLP, Minneapolis, Minnesota (for appellant).

          Mark K. Hellie, Beth K. Bussian, Regional Legal Staff Counsel, Eden Prairie, Minnesota (for respondents).

          Considered and decided by Connolly, Presiding Judge; Ross, Judge; and Schellhas, Judge.

         SYLLABUS

         Minnesota Statutes section 60A.41(a) (2016), prohibits an insurer from subrogating against its own insured for the same loss even when the insured is not a named insured in the policy.

          OPINION

          SCHELLHAS, JUDGE.

         Appellant argues that the district court erred by granting summary judgment to respondent, arguing that Minnesota Statutes section 60A.41(a) does not bar its subrogation action because respondent is not an insured under appellant's policy. We affirm.

         FACTS

         In December 2013, respondent Craig Dollansky rented a motor home from Karavan Trailers. The rental contract provided as follows:

INSURANCE: Renter is responsible for all damage or loss, including damage or loss you cause to others. Renter has provided us with an insurance binder indicating that Renter has Vehicle liability, collision, and comprehensive insurance covering Renter, [Karavan] and Vehicle.
RENTAL, INDEMNITY, AND WARRANTIES: . . . Renter agrees to indemnify [Karavan], defend [Karavan], and hold [Karavan] harmless from all claims, liability, cost and attorney fees incurred by [Karavan] resulting from, or arising out of, this rental and Renter's use of the vehicle.
RESPONSBILITY FOR DAMAGE: Renter is responsible for all damage to the Vehicle . . . regardless of whether or not Renter is at fault.

         In January 2014, Dollansky was driving the motor home when it caught fire, causing damage to the motor home in the amount of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.