Insurance Federation of Minnesota v. Hatch

OPINION

POPOVICH, Chief Judge.

The Commissioner of the Minnesota Department of Commerce appeals an order temporarily enjoining him from issuing certificates of coverage under the liquor liability assigned risk plan established by the department.

The Commissioner contends the issuance of the injunction was improper because the respondent insurance companies are unlikely to prevail on the merits of their claim. Both parties seek review of the denial of their motions for summary judgment. We affirm in part, reverse in part and remand.

FACTS

In 1982, the legislature amended the Intoxicating Liquor Act…