Drake v. Reile's Transfer & Delivery, Inc.
Court of Appeals of Minnesota
1Opinion of the Court
OPINION
KALITOWSKI, Judge.
Appellant Wausau Insurance Company challenges the district court’s order granting respondents’ posttrial petition for an allocation of proceeds from the judgment in their third-party tort action pursuant to Henning v. Wineman, 306 N.W.2d 550 (Minn.1981), arguing that as a matter of law respondents were required to allocate the judgment under the statutory formula in Minn.Stat. § 176.061, subd. 6 (1998). In the alternative, Wausau argues that respondents were equitably estopped from electing a Henning allocation.
FACTS
In 1993, respondent Danil Drake suffered an…
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