BANKS v. GRANT

No. C7-94-2225.

549 N.W.2d 89 (1996)

Damon Lamont BANKS, Respondent, v. Russell Lowell GRANT, et al., Respondents, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, intervenor, petitioner, Appellant.

Supreme Court of Minnesota.

June 6, 1996.


Attorney(s) appearing for the Case

Timothy J. Eiden, St. Paul, for appellant.

Mark David Streed, Meshbesher, Singer & Spence, Minneapolis, Patrick H. Elliott, St. Paul, for respondents.

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


OPINION

TOMLJANOVICH, Justice.

We granted the petition for further review of American Family Mutual Insurance Company (American Family), intervenor, the servicing carrier under the Minnesota Automobile Assigned Claims Plan to whom Damon Banks' claim for basic economic loss benefits was assigned. At issue is whether the servicing carrier is entitled to subrogation against a tortfeasor for basic economic loss benefits paid or payable to the claimant and whether...

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