Commercial Union Insurance Co. v. Minnesota School Board Ass'n

OPINION

RANDALL, Judge.

On cross-motions for summary judgment, the district court determined the rights of appellant medical insurance provider and respondent underinsured motorist (UIM) carrier. The court ruled that the UIM carrier was entitled to recover the value of the draft it had submitted for the tortfeasor’s liability insurance limits and that the balance of the proceeds should be divided pro rata between the UIM carrier and the medical insurer. The court also held that the medical insurer is not entitled to pursue the balance of its subrogation claim against the UIM carrier, which had…