County District Court File No. 71-CV-16-213
Michelle D. Hurley, Yost & Baill, LLP, Minneapolis,
Minnesota (for appellant).
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.
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.
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
December 2013, respondent Craig Dollansky rented a motor home
from Karavan Trailers. The rental contract provided as
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
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
RESPONSBILITY FOR DAMAGE: Renter is
responsible for all damage to the Vehicle . . . regardless of
whether or not Renter is at fault.
January 2014, Dollansky was driving the motor home when it
caught fire, causing damage to the motor home in the amount