Zurich American Insurance Co. v. Bjelland

OPINION

GORDON W. SHUMAKER, Judge.

The district court ordered the entry of two partial summary judgments. The first determined that an alleged third-party tortfeasor in a workers’ compensation sub-rogation action has a right to a jury trial on liability and damages and that the insurer-subrogee is not automatically entitled to the full recovery of benefits paid and payable without first proving liability and damages. Appellant does not challenge this holding.

In the second judgment, the district court adopted the parties’ stipulated conclusion, agreed upon for purposes of appeal, that the…