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

OPINION

LESLIE, Judge.

Appellant seeks relief from a Rule 12.-02(5) dismissal for failure to state a claim upon which relief can be granted. Appellant contends that Minnesota’s direct action rule does not bar an injured plaintiff from seeking a declaratory judgment against defendant’s insurer where defendant fails to contest a denial of coverage. We affirm.

FACTS

Appellant Melanie Anderson filed a medical malpractice claim against respondent, Thomas Koehnen, M.D., alleging that medication negligently prescribed by him during her pregnancy led to her daughter’s permanent and severe birth defects…