AUTO OWNERS INS. CO. v. VALADEZ

No. C0-91-1239.

481 N.W.2d 398 (1992)

AUTO OWNERS INSURANCE COMPANY, Petitioner, Appellant, v. Deanne VALADEZ, Brenda Valadez, et al., Jeffrey Sundet, Gerald Ladsten, Respondents, Daniel L. Kuehn, Lower Court Respondent.

Court of Appeals of Minnesota.

February 25, 1992.


Attorney(s) appearing for the Case

Peter C. Sandberg, Ken D. Schueler, Dunlap, Finseth, Berndt & Sandberg, P.A., Rochester, for Auto Owners Ins. Co.

Harry A. Sieben, Jr., Wilbur W. Fluegel, Sieben, Grose, Von Holtum, McCoy & Carey, Ltd., Minneapolis, James A. Schultz, James A. Schultz & Associates, Houston, for Deanne Valadez.

Jack L. Vatland, Logan N. Foreman, III, Eckman, Collins, Strandness & Egan, P.A., Minneapolis, Duane E. Woodworth, Wieser & Woodworth, LaCrescent, for Brenda Valadez, et al.

Jeffrey Sundet, pro se.

David L. Schultz, Schultz & Schultz, Caledonia, for Gerald Ladsten.

Considered and decided by KLAPHAKE, P.J., and PARKER and SCHUMACHER, JJ.


OPINION

KLAPHAKE, Judge.

Appellant Auto Owners Insurance Company petitioned, pursuant to Minn.R.Civ.P. 67.02, to deposit the liability limits of an Auto Owners policy with the district court. This motion was granted. Subsequently, respondents, who had commenced actions against Auto Owners' insured, moved for an order directing the distribution of the policy proceeds. Auto Owners opposed this motion, arguing respondents must obtain judgments against Auto...

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