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ZURICH AMERICAN INS. CO. v. BJELLAND

No. A04-709.

690 N.W.2d 352 (2004)

ZURICH AMERICAN INSURANCE COMPANY, Appellant, v. Donald A. BJELLAND, Respondent.

Court of Appeals of Minnesota.

December 28, 2004.

Attorney(s) appearing for the Case

Scott P. Drawe, Drawe & Heisick, Edina, MN, for appellant.

Michael D. Barrett, Cousineau, McGuire & Anderson, Minneapolis, MN, for respondent.

Michael D. Carr, Emmer Law Firm, P.A., Maple Plain, MN, for amicus curiae Minnesota Self-Insurers' Association.

Considered and decided by SHUMAKER, Presiding Judge, HALBROOKS, Judge, and HUSPENI, Judge.

OPINION

GORDON W. SHUMAKER, Judge.

The district court ordered the entry of two partial summary judgments. The first determined that an alleged third-party tortfeasor in a workers' compensation subrogation action has a right to a jury trial on liability and damages and that the insurer-subrogee is not automatically entitled to the full recovery of benefits paid and payable without first proving liability and damages. Appellant does not challenge this holding...

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