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STOEBE v. MERASTAR INS. CO.

No. CX-95-1144.

554 N.W.2d 733 (1996)

Kay Louise STOEBE, Petitioner, Appellant, v. MERASTAR INSURANCE COMPANY, Respondent.

Supreme Court of Minnesota.

October 31, 1996.

Attorney(s) appearing for the Case

Sharaon L. VanDyck, Mary C. Cade, Mark H. Gruesner, Schwebel, Goetz, Sieben & Moskal, P.A., Minneapolis, for appellant.

Michael B. Padden, Kenneth R. Swift, Padden & Swift, P.A., St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.

OPINION

ANDERSON, Justice.

Appellant Kay Louise Stoebe raises the issue of whether respondent Merastar Insurance Company's offer of judgment, made pursuant to Minnesota Rules of Civil Procedure, Rule 68, but served fewer than ten days before the parties' trial began, survived the commencement of trial. The district court held that Merastar's offer of judgment did survive the commencement of trial, but the court of appeals reversed. We affirm.

Appellant...

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