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L & H TRANSP., INC. v. DREW AGENCY, INC.

No. C6-85-104.

403 N.W.2d 223 (1987)

L & H TRANSPORT, INC., Respondent, v. The DREW AGENCY, INC., defendant and third party plaintiff, Respondent, v. CHUBB AND SONS, INC., third party defendant, petitioner, Appellant, L & H TRANSPORT, INC., Respondent, v. CHUBB AND SONS, INC., petitioner, Appellant.

Supreme Court of Minnesota.

April 3, 1987.

Attorney(s) appearing for the Case

Douglas R. Archibald, Minneapolis, for appellant.

John L. Prueter, Minneapolis, for L & H Transp., Inc.

David A. Pailly, Minneapolis, for The Drew Agency, Inc.

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

AMDAHL, Chief Justice.

In L & H Transport, Inc. v. Drew Agency, Inc., 369 N.W.2d 608 (Minn.App.1986), the Court of Appeals held that the failure of an insured to bring suit against its insurer within the period provided for by a suit limitation clause in the policy barred a suit to recover under the policy only if the insurer could show prejudice. By order we affirmed that decision. L & H Transport, Inc. v. Drew...

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