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HEIM v. LEE

Nos. C2-02-1174, C0-02-1190.

654 N.W.2d 161 (2002)

Michael HEIM, et al., Respondents, Appellants, v. Aaron LEE, Respondent, Ken Zarling, et al., Appellants, Respondents, World Insurance Company, Mayo Foundation, Special Compensation Fund, Grinnell Mutual Reinsurance Company, Respondents.

Court of Appeals of Minnesota.

December 17, 2002.

Attorney(s) appearing for the Case

Robert G. Benner, Kari C. Stonelake-Hopkins, Dunlap & Seeger, P.A., Rochester, MN, for respondents/appellants Michael and Tami Heim.

Robert T. Stich, Louise A. Behrendt, Stich, Angell & Kreidler, P.A., Minneapolis, MN, for appellants/respondents Zarling and Greenwood Agency, Inc.

Steven S. Fuller, Fuller Law Firm, Rochester, MN, for respondent Lee.

Mark D. Covin, Bassford, Lockhart, Truesdell & Briggs, P.A., Minneapolis, MN, for respondent World Insurance Company.

Mike Hatch, Attorney General, Rory H. Foley, Sara J. Stoltman, Assistant Attorneys General, St. Paul, MN, for Special Compensation Fund.

Charles S. Bierman, Mayo Clinic Legal Department, Rochester, MN, for respondent Mayo Foundation.

Peter Lahn, Wendy Munyon, Grinnell Mutual Reinsurance Co., Grinnell, IA, for Grinnell Mutual Reinsurance Co.

Considered and decided by KLAPHAKE, Presiding Judge, KALITOWSKI, Judge, and HARTEN, Judge.

O P I N I O N

HARTEN, Judge.

An insured brought this action for a declaratory judgment that the retroactive reformation of his insurance policy was valid. The insured, the insurer, and the insurance agent moved for summary judgment. A third party whose right to recover from the special compensation fund was precluded by the retroactive reformation opposed the motion. The district court found that the retroactive reformation was invalid and granted summary...

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