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GEORGE v. EVENSON

No. A06-2133.

754 N.W.2d 335 (2008)

Jason GEORGE, Respondent, v. Daniel EVENSON, et al., Defendants, Auto-Owners Insurance Company, Appellant, Progressive Insurance Company, Respondent.

Supreme Court of Minnesota.

July 31, 2008.

Attorney(s) appearing for the Case

James Reding, Jr., Reding & Pilney, Lake Elmo, MN, for appellant.

Paul Edward David Darsow, Arthur Chapman Kettering Smetak & Pikala, Minneapolis, MN, for respondents.

Lori Lou Barton, Woodbury, MN, for amicus curiae.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, G. BARRY, Justice.

We are called upon to decide whether the unorthodox arbitration proceeding in this motor vehicle accident dispute was the functional equivalent of (1) a tort action pursued to a conclusion in a district court action, in which case the underinsurer was entitled to notice pursuant to Malmin v. Minnesota Mutual Fire & Casualty Co., 552 N.W.2d 723 (Minn.1996); or (2) an effort...

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