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WEBER v. SENTRY INS.

No. C4-89-448.

442 N.W.2d 164 (1989)

Ray WEBER, et al., Appellants, v. SENTRY INSURANCE, Defendant and Third-Party Plaintiff, Respondent, v. HOME INSURANCE COMPANY, Third-Party Defendant, Respondent.

Court of Appeals of Minnesota.

June 20, 1989.

Attorney(s) appearing for the Case

Sharon L. Van Dyck, Timmer & Van Vliet, Minneapolis, and Anthony J. Elfelt, Elfelt & Associates, Anoka, for appellant.

Mary R. Watson, Miller & Neary, Minneapolis, for Sentry Ins.

Theodore J. Smetak, Arthur, Chapman & McDonough, Minneapolis, for Home Ins. Co.

Heard, considered and decided by PARKER, P.J., and KALITOWSKI and THOREEN, JJ.

OPINION

PARKER, Judge.

Appellant Ray Weber challenges the trial court's finding that while Home Insurance had no right to subrogation, it was entitled to reimbursement for underinsurance benefits which it had paid to him. Weber also appeals the trial court ruling refusing to award him attorney fees. We reverse and remand.

FACTS

Ray Weber and his wife were involved in an accident on May 5, 1987...

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