IOWA NATIONAL MUT. INS. CO. v. UNIVERSAL UNDER. INS. CO.

No. 40123.

150 N.W.2d 233 (1967)

IOWA NATIONAL MUTUAL INSURANCE COMPANY, Respondent, v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Appellant.

Supreme Court of Minnesota.

April 21, 1967.


Attorney(s) appearing for the Case

Mordaunt, Walstad, Cousineau & McGuire, Minneapolis, for appellant.

King, MacGregor & Lommen, and John J. Roseen, Minneapolis, for respondent.


OPINION

MURPHY, Justice.

This is an appeal from a judgment of the district court allowing Iowa National Mutual Insurance Company recovery against Universal Underwriters Insurance Company for expenses of investigation and attorneys' fees in connection with an asserted defense in a personal injury action in which the two companies had overlapping coverage.

Stated broadly, the controlling issue is whether expenses incurred by an "excess carrier" from...

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