AETNA LIFE & CAS., ETC. v. ANDERSON

No. 52078.

310 N.W.2d 91 (1981)

AETNA LIFE & CASUALTY, CASUALTY & SURETY DIVISION, Appellant, v. Edward Clifford ANDERSON, Respondent.

Supreme Court of Minnesota.

September 18, 1981.


Attorney(s) appearing for the Case

Liefschultz & Dunn, Minneapolis, for appellant.

Rider, Bennett, Egan & Arundel, Richard H. Krochock and William D. Foster, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.


OTIS, Justice.

Plaintiff Aetna Life & Casualty appeals and defendant Edward Anderson cross-appeals from an order of the district court dismissing plaintiff's cause of action to enforce its subrogation rights against defendant. We reverse and remand with instructions.

In September 1975, Thomas Anderson (hereinafter employee) was involved in a motor vehicle accident with defendant while within the course of his employment with Diebold, Inc. Plaintiff, insurer...

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