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CINCINNATI CO. v. FRANCK

No. C4-01-1666.

644 N.W.2d 471 (2002)

CINCINNATI INSURANCE COMPANY, Appellant, v. Francine FRANCK, et al., Respondents, John Penniston, et al., Respondents.

Court of Appeals of Minnesota.

May 14, 2002.

Attorney(s) appearing for the Case

Peter C. Sandberg, Kari C. Stonelake-Hopkins, Dunlap & Seeger, P.A., Rochester, for appellant.

Paul R. Dahlberg, Meshbesher & Spence, Ltd., Rochester, for respondents Franck.

Scott R. Suter, Sawicki & Phelps, P.A., Woodbury, for respondents Penniston and AMICA Mutual Insurance Co.

Considered and decided by GORDON W. SHUMAKER, Presiding Judge, PARKER, Judge, and, HUSPENI, Judge.

OPINION

HUSPENI, Judge.

Appellant challenges the determination of the district court that an insured under both a primary and an umbrella liability insurance policy could reach the umbrella coverage even though he settled for less than the limits of the primary policy. Because the district court's decision is consistent with public policy considerations expressed in Minnesota caselaw, we affirm.

FACTS

Respondent Joyce...

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