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WALLACE v. TIME INS. CO.

No. C9-85-2025.

387 N.W.2d 468 (1986)

Robert L. WALLACE, Respondent, v. TIME INSURANCE COMPANY, Defendant and Third Party Plaintiff, Appellant, v. John T. BURNS and Diversified Consulting Services, Inc., Third-Party Defendant.

Court of Appeals of Minnesota.

Review Denied July 31, 1986.

Attorney(s) appearing for the Case

John A. Masog, Park Rapids, for respondent.

Bruce C. Bromander, Minneapolis, for appellant.

Heard, considered and decided by FOLEY, P.J., and SEDGWICK and NIERENGARTEN, JJ.

OPINION

SEDGWICK, Judge.

Respondent Robert Wallace sued Time Insurance Company (Time) for breach of a contract of disability insurance. Time denied the existence of a contract. The case was submitted to the trial court on stipulated facts. The court found that an interim or conditional contract of insurance was created by implication of law. Summary judgment was entered for respondent. The trial court also awarded attorney fees to respondent. Time appeals...

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