NORTHWESTERN EX REL. SWANBERG v. CARLSON

No. A05-943.

711 N.W.2d 821 (2006)

NORTHWESTERN NATIONAL INSURANCE COMPANY as Subrogee for David Jerome SWANBERG, creditor, Respondent, v. Dawn Marie CARLSON, debtor, Respondent, and Farmers Insurance Group, a foreign corporation, garnishee, Appellant.

Court of Appeals of Minnesota.

March 7, 2006.


Attorney(s) appearing for the Case

Anthony S. Aspnes, Edina, MN, for respondent Northwestern National Insurance Company.

Roger L. Kramer, Gislason & Hunter, LLP, Minnetonka, MN, for appellant.

Considered and decided by KLAPHAKE, Presiding Judge; PETERSON, Judge; and HUDSON, Judge.


OPINION

HUDSON, Judge.

On appeal from summary judgment in a garnishment action, the garnishee insurer argues that the district court erred in concluding that the debtor insured's breach-of-contract action arising out of the insurer's duty to indemnify was not barred by the statute of limitations. Because the debtor insured's breach-of-contract action did not arise until the creditor insurer obtained a judgment against her, we affirm.

FACTS

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