THOMAS GALLAGHER, JUSTICE.
The sole issue for determination here is whether an insurer of an intoxicated motorist involved in an automobile accident may bring action under Minn. St. 340.95 (known as the Civil Damage Act) against a licensed on sale tavern owner, causing the insured's intoxication, for sums which insurer has paid in settlement of claims against the insured arising out of the accident. Section 340.95 provides that:
"Every husband, wife, child...
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