Gopher Oil Co. v. American Hardware Mutual Insurance Co.

I respectfully dissent. First, it is undisputed American Hardware did not insure Gopher Rubber Cote and Fred Bame personally. Given this fact, the trial court incorrectly required the insurer to pay $180,031.21 in post-tender defense fees and costs related to the Arrowhead litigation.

And second, a trial court cannot retroactively create an insurance relationship. Gopher is not an “insured,” and there was no valid assignment of the policy. See Yoselowitz v. Peoples Bakery, Inc., 201 Minn. 600, 604, 277 N.W. 221, 224 (1938) (stating benefits of policy do not extend to successor without valid…