Farm Bureau Mutual Insurance Co. v. Milbank Mutual Insurance Co.

OTIS, Justice.

This appeal is taken from a declaratory judgment entered by the District Court of Otter Tail County. The court ruled that Farm Bureau Mutual Insurance Company (Farm Bureau) was not entitled to recover indemnity from either of two defendants, LeRoy Nelson and Terrance E. Olson, for whose benefit it had paid excess coverage toward a wrongful death judgment in a separate lawsuit. 1 Nelson and Olson had been found negligent with Farm Bureau’s named insured in that suit which stemmed from an automobile accident.

Farm Bureau also appeals from the order denying its motion for amended…