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STATE v. JOSEPH

No. C2-00-1364.

622 N.W.2d 358 (2001)

STATE of Minnesota, Respondent, v. Barbara Mae JOSEPH, et al., Respondents, Church Mutual Insurance Company, Appellant, William Henry, Respondent.

Court of Appeals of Minnesota.

Review Granted March 27, 2001.

Attorney(s) appearing for the Case

Byron M. Peterson, Tomsche, Sonnesyn & Tomsche, P.A., Minneapolis, MN, for respondent State of Minnesota.

Thomas D. Jensen, William L. Davidson, Lind, Jensen & Sullivan, P.A., Minneapolis, MN, for respondents Josephs.

Patrick T. Tierney, Thomas E. McEllistrem, Collins, Buckley, Sauntry & Haugh, P.L.L.P., St. Paul, MN, for appellant.

John M. Steele, John M. Steele, P.A., Minneapolis, MN, for respondent William Henry.

Considered and decided by WILLIS, Presiding Judge, SHUMAKER, Judge, and MULALLY, Judge.

OPINION

SHUMAKER, Judge.

Appellant Church Mutual Insurance Company appeals from the district court's determination that the expiration of the statute of limitations and the application of collateral estoppel preclude appellant from raising the defense of lack of coverage in a proceeding to garnish insurance benefits. Because the district court erroneously applied the statute of limitations and collateral estoppel, we reverse and remand. Appellant moves that...

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