Jacobs v. Cable Constructors, Inc.

OPINION

TOUSSAINT, Chief Judge.

Following acceptance of their Minn. R. Civ. P. 68 settlement offers on three claims, appellants, who are excess insurers, sought to recoup from respondent, the primary insurer, the amounts appellants had contributed to the settlements. The parties brought cross-motions for summary judgment. The district court granted summary judgment to appellants with respect to one claim, on the ground that respondent had notice of appellants’ intent to recoup when the settlement offer was accepted, and to respondent with respect to the other two claims, on the ground that…