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CONTINENTAL CASUALTY CO. v. RESERVE INS. CO

No. 45111.

238 N.W.2d 862 (1976)

CONTINENTAL CASUALTY COMPANY, Appellant, v. RESERVE INSURANCE COMPANY, Respondent.

Supreme Court of Minnesota.

January 16, 1976.

Attorney(s) appearing for the Case

Cousineau, McGuire, Shaughnessy & Anderson, and Harold J. W. Sweet, Minneapolis, for appellant.

Arthur Chapman & McDonough and Lindsay G. Arthur, Jr., Minneapolis, for respondent.

Heard before SHERAN, C. J., and PETERSON, KELLY, YETKA, SCOTT and CHANAK, JJ., and considered and decided by the court en banc.

KELLY, Justice.

Plaintiff, Continental Casualty Company (Continental), appeals from a judgment on the pleadings rendered in favor of defendant, Reserve Insurance Company (Reserve). We reverse.

The following facts are stated in the pleadings, which we accept as true:1 Reserve is the primary insurer for the city of Marshall, Minnesota, for any legal liability which it might incur under the so-called Dram Shop Act, Minn.St. 340.95...

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