GENDREAU v. FOREMOST INS. CO.

No. C0-87-2323.

423 N.W.2d 712 (1988)

Henry GENDREAU, Appellant, v. FOREMOST INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

May 17, 1988.


Attorney(s) appearing for the Case

George Gaffaney, Gaffaney & Velde Law Firm, Ltd., Alexandria, for appellant.

John Lervick, Swenson, Grover, Leverick, Syverson & Battey, Ltd., Alexandria, for respondent.

Considered and decided by SCHUMACHER, P.J., and FOLEY and FORSBERG, JJ., without oral argument.


OPINION

SCHUMACHER, Judge.

The trial court granted respondent's motion for attorney fees pursuant to Minn. Stat. § 549.21, subd. 2 (1986), after a jury found appellant intended to defraud his insurer. Appellant seeks reversal of the order and maintains that because the fraud occurred prior to the trial, and because he prevailed in part before the trial court, there was no evidence of bad faith. We affirm.

FACTS

Respondent Foremost...

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