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EPLAND v. MEADE INS. AGENCY ASSOCIATES

No. C5-95-1519.

564 N.W.2d 203 (1997)

Glennie I. EPLAND and Dale L. Epland, her attorney in fact, Respondents, v. MEADE INSURANCE AGENCY ASSOCIATES, INC., et al., Respondents, Lumbermens Mutual Casualty Company, Reserve Life Insurance Company, National Financial Insurance Company, Petitioners, Appellants.

Supreme Court of Minnesota.

Rehearing Denied May 12, 1997.

Attorney(s) appearing for the Case

Faegre & Benson, L.L.P., John F. Beukema, Rider, Bennett, Egan & Arundel, P.L.L.P., Jeanne H. Unger, Gilmore, Aafedt, Forde, Anderson & Gray, James R. Gray, Minneapolis, for appellants.

Richard H. McGuire, James Lund, Minneapolis, for respondents.

Heard, considered and decided by the court en banc.

OPINION

GARDEBRING, Justice.

This case asks us to consider the effect of an assumption agreement between two insurance companies. An assumption agreement is an agreement that transfers the risks of one insurer to a second insurer; the second insurer assumes direct liability to the insured.1 Specifically, the issue before us is whether the consent of the insured is necessary to effectuate such an assumption agreement between two...

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