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SCHWICKERT, INC. v. WINNEBAGO SENIORS, LTD.

Nos. C8-02-1972, C4-02-2083.

680 N.W.2d 79 (2004)

SCHWICKERT, INC., Respondent/Cross-Appellant, v. WINNEBAGO SENIORS, LTD., a Minnesota Limited Partnership, Minnesota Housing Finance Agency, and Thies & Talle Enterprises, Inc., Respondents/Cross-Appellants, v. 11,111, Inc., d/b/a/ Energy Conservation Consultants, Inc., Respondent/Cross-Appellant, v. AMCO Insurance Company, Inc., Appellant/Cross-Respondent.

Supreme Court of Minnesota.

May 27, 2004.

Attorney(s) appearing for the Case

Jon A. Hanson, E. Curtis Roeder, Candy B. Olson, Hanson, Lulic & Krall, Minneapolis, MN, for Appellant/Cross Respondent AMCO.

Scott V. Kelly, Aaron J. Glade, Farrish Johnson Law Office, Mankato, MN, for Respondent/Cross-Appellant Schwickert and ECC.

Eric Magnuson, Richard J. Nygaard, Paula Duggan Vraa, Rider Bennett, LLP, Minneapolis, MN, for Respondent/Cross-Appellant Winnebago Seniors, Ltd., MHFA and Thies & Talle.

Heard, considered and decided by the court en banc.

OPINION

HANSON, Justice.

By a certified question contained in an order denying a property insurer's motion for summary judgment, we are asked whether "the principles of Schmidt v. Clothier, 338 N.W.2d 256 (Minn.1983) apply in a first-party property dispute outside of the personal injury context." [Schmidt provides a mechanism for an uninsured/underinsured motorist carrier to preserve its subrogation rights...

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