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ANDERSON v. ST. PAUL FIRE & MARINE INS.

No. C2-87-1108.

414 N.W.2d 575 (1987)

Melanie R. ANDERSON and Nicole Kristen Anderson, an infant, by her guardian and natural parent, Melanie R. Anderson, Appellants, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Thomas Koehnen, M.D., et al., Respondents.

Court of Appeals of Minnesota.

November 3, 1987.

Attorney(s) appearing for the Case

Paul G. Neimann, Gregory Peterson, Moss and Barnett, Minneapolis, for appellants.

Donald F. Hunter, P.A., R. Stephen Tillitt, Gislason, Dosland, Hunter & Malecki, Minneapolis, for St. Paul Fire and Marine Insurance Company.

John C. Hottinger, Hottinger Law Offices, Mankato, for Thomas Koehnen, M.D., et al.

Heard, considered and decided by POPOVICH, C.J., and LESLIE and RANDALL, JJ.

OPINION

LESLIE, Judge.

Appellant seeks relief from a Rule 12.02(5) dismissal for failure to state a claim upon which relief can be granted. Appellant contends that Minnesota's direct action rule does not bar an injured plaintiff from seeking a declaratory judgment against defendant's insurer where defendant fails to contest a denial of coverage. We affirm.

FACTS

Appellant Melanie Anderson filed a medical malpractice claim against respondent...

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