Leamington Co. v. Nonprofits' Insurance Ass'n

OPINION

TOUSSAINT, Chief Judge.

This is an appeal from a summary judgment in which the district court applying the comparative fault act, Minn.Stat. 604.01, subd. 5 (2002), held that any damages appellant recovers from its lessee’s property-damage insurer, respondent, must be offset by the amount of its settlement with its lessee for the same damages. Appellant contends that (a) neither the policy nor the comparative fault act supports this result, and instead the common-law collateral-source rule applies and (b) genuine issues of material fact exist as to whether the settlement compensated…