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AMERICAN MUT. INS. CO. v. HONEYWELL, INC.

No. C3-87-2333.

422 N.W.2d 274 (1988)

AMERICAN MUTUAL INSURANCE, COMPANY, Respondent, v. HONEYWELL, INC., Defendant and Third-Party Plaintiff, Appellant, v. DeLyle LAMMERS, et al., Third-Party Defendants.

Court of Appeals of Minnesota.

Review Denied June 10, 1988.

Attorney(s) appearing for the Case

Michael S. Kreidler, James D. Knudsen, Stich, Angell, Kreidler & Muth, P.A., Minneapolis, for American Mut. Ins. and DeLyle Lammers.

Robert L. Collins, Diana Young Morrissey, Faegre & Benson, Minneapolis, for defendant and third-party plaintiff, appellant.

Michael S. Kreidler, Stich, Angell, Kreidler & Muth, P.A., Mpls., for third-party defendants.

Heard, considered and decided by PARKER, P.J., and FOLEY and MULALLY, JJ.

OPINION

EDWARD D. MULALLY, Judge.

The trial court certified two questions for review on interlocutory appeal to this court. We answer the questions by stating that an insurance carrier's action against a third-party tortfeasor is commenced when the injured employee commences suit against the third party. The subrogation action may be maintained under the employee's name, and is unaffected by a settlement between the employee and the third party.

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