Legal Opinion

State v. St. Paul Fire & Marine Insurance Co.

Court of Appeals of Minnesota

Decided January 3, 1989No. C5-88-1503Published

1Opinion of the Court

OPINION

SCHUMACHER, Judge.

Appellant seeks relief from a judgment to dismiss with prejudice for want of prosecution. Appellant argues that the delay did not prejudice the defendant, the delay was reasonable and excusable, and that the trial court thus erred. Appellant’s excuse for a seven and one-half year delay was not sufficient.

FACTS

St. Paul Fire and Marine Insurance Company (St. Paul) is a fire and casualty insurer. St. Paul issues drafts in satisfaction of claims and claims-related expense reimbursements pursuant to its obligations to those it insures. A number of these claims and expense…

2Cases cited10 opinions

  1. Thayer v. American Financial Advisers, Inc.Supreme Court of Minnesota · 1982
  2. Firoved v. General Motors CorporationSupreme Court of Minnesota · 1967
  3. Bonhiver v. Fugelso, Porter, Simich & Whiteman, Inc.Supreme Court of Minnesota · 1984
  4. DeMars v. Robinson King Floors, Inc.Supreme Court of Minnesota · 1977
  5. Kielsa v. St. John's Lutheran Hospital AssociationSupreme Court of Minnesota · 1970

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