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COMMERCIAL UNION INS. v. SCHOOL BD. ASS'N

No. C4-99-614.

600 N.W.2d 475 (1999)

COMMERCIAL UNION INSURANCE COMPANY, Respondent, v. MINNESOTA SCHOOL BOARD ASSOCIATION, plaintiff-intervenor, Appellant, v. Andrew Curtis Person, et al., Defendants, v. Jessica A. Brandt, et al., Third-Party Defendants.

Court of Appeals of Minnesota.

September 28, 1999.

Attorney(s) appearing for the Case

Kevin P. Hickey, Bassford, Lockhart, Truesdell, & Briggs, P.A., Minneapolis, MN (for appellant)

George C. Hottinger, Gregory C. Schultz, Erstad & Reimer, Minneapolis, MN (for respondent)

Karen Melling VanVliet, Johnson & VanVliet, St. Paul; and Randall J. Pattee, Cosgrove, Flynn, & Gaskins, Minneapolis, MN (for defendants)

Michael Fargione, Hauer, Fargione, & Love, Minneapolis, MN (for third-party defendants)

Considered and decided by RANDALL, Presiding Judge, KALITOWSKI, Judge, and SCHUMACHER, Judge.

OPINION

RANDALL, Judge.

On cross-motions for summary judgment, the district court determined the rights of appellant medical insurance provider and respondent underinsured motorist (UIM) carrier. The court ruled that the UIM carrier was entitled to recover the value of the draft it had submitted for the tortfeasor's liability insurance limits and that the balance of the proceeds should be divided pro rata between the UIM carrier and the medical insurer....

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