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PIRKOV-MIDDAUGH v. GILLETTE HOSP.

No. C9-91-526.

495 N.W.2d 608 (1993)

Heather PIRKOV-MIDDAUGH, a minor, By and Through her parent and natural guardian, Linda Middaugh, Respondents, v. GILLETTE CHILDREN'S HOSPITAL, Respondent, P. Cederberg, M.D., et al., Defendants, K. Vanden Brink, M.D., Respondent, and State of Minnesota, Intervenor, Petitioner, Appellant.

Supreme Court of Minnesota.

February 19, 1993.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Mary Ann Bernard, Asst. Atty. Gen., St. Paul, for appellant.

John W. Carey, Steven D. Emmings, Sieben, Grose, Von Holtum, McCoy & Carey, Ltd., Fairfax, for Heather Pirkov-Middaugh, et al.

David D. Alsop, Anne T. Johnson, Gislason, Dosland, Hunter & Malecki, Minnetonka, for K. Vanden Brink.

Victor E. Lund, Kenneth P. Gleason, Dawn G. Atchison, Mahoney, Dougherty & Mahoney, Minneapolis, for Gillette Children's Hosp.

Carla Heyl, St. Paul, for amicus curiae, League of MN Cities.

Heard, considered and decided by the court en banc.

WAHL, Justice.

The state of Minnesota challenges the decision of the court of appeals affirming the district court holding that Gillette Children's Hospital (Gillette), a state governmental entity, waived the statutory cap on its liability to the extent of the policy limits of the procured insurance, even though that coverage is unavailable due to the bankruptcy of the insurer. The question is also raised as to the applicability of a 1992 amendment to Minn.Stat. ...

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