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GREAT AMERICAN INS. CO. v. SPODEN

No. 81-344.

316 N.W.2d 740 (1982)

GREAT AMERICAN INSURANCE COMPANY, Appellant, v. Diane June SPODEN, et al., Defendants, William A. Smoley, et al., Respondents.

Supreme Court of Minnesota.

March 19, 1982.

Attorney(s) appearing for the Case

Darrell A. Jensen & Associates and Michael G. Simpson, Anoka, for appellant.

Robins, Zelle, Larson & Kaplan and John G. Brian, III, St. Paul, for Smoley, et al.

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

OPINION

PETERSON, Justice.

This appeal, brought against a law firm and its attorneys individually by a nonclient workers' compensation carrier, inquires into the circumstances under which an attorney acquires a duty to preserve part of a client's recovery in a third-party action to satisfy the subrogation interest of the carrier. The district court granted summary judgment in favor of the attorneys, finding that they owed no duty to the workers' compensation...

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