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STARRY v. CENTRAL DAKOTA PRINTING, INC.

Civ. No. 940305.

530 N.W.2d 323 (1995)

Allen STARRY and Sonja Starry, Plaintiffs and Appellees, and Great West Casualty Company, Intervenor and Appellant, v. CENTRAL DAKOTA PRINTING, INC., a North Dakota Corporation, Defendant.

Supreme Court of North Dakota.

April 13, 1995.

Attorney(s) appearing for the Case

Daniel T. Carlisle, Wadena, MN, and Paul J. Bowlinger, Bismarck, for plaintiffs and appellees.

Thomas O. Smith, Zuger, Kirmis & Smith, Bismarck, and Michael Barrett, Cousineau, McGuire & Anderson, Minneapolis, MN, for intervenor and appellant.

SANDSTROM, Justice.

Great West Casualty Company (Great West) appeals from a judgment dismissing its subrogation claim against Allen and Sonja Starry for $28,058.39 in no-fault benefits it paid to Allen Starry. We conclude the trial court correctly ruled Minnesota no-fault subrogation law applied and there was no genuine issue of material fact about whether the Starrys would receive a double recovery if subrogation were denied. We therefore affirm.

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