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ALLIED MUT. v. WESTERN NAT. MUT.

No. C2-95-490.

552 N.W.2d 561 (1996)

ALLIED MUTUAL INSURANCE COMPANY, Respondent, v. WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Petitioner, Appellant.

Supreme Court of Minnesota.

August 29, 1996.

Attorney(s) appearing for the Case

Gislason, Martin & Varpness, P.A., Dan T. Ryerson, Edina, MN, for appellant.

Ramler Law Office, P.A., George C. Ramler, Minnetonka, MN, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

COYNE, Justice.

After Marla Decker was run over and injured by an uninsured motorist, her automobile insurer, Allied Mutual Insurance Company, paid her $10,000 pursuant to an arbitration award of benefits with respect to her uninsured motorist coverage. Allied Mutual initiated this action for indemnity, however, on the ground that its policy afforded only excess coverage with respect to Ms. Decker's claim and that pursuant to Minn.Stat. § 65B...

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