Minnesota Mining & Manufacturing Co v. H & W Motor Express Co.

OPINION

HARTEN, Judge.

An insurer that paid uninsured motorist benefits challenges the district court’s ruling that it cannot recover the insured’s retained limit from the insured of an insolvent insurer. We reverse and remand.

FACTS

On December 13, 1984, a truck driven by an employee of respondent H & W Motor Express Company struck a ear owned by appellant Minnesota Mining and Manufacturing Company (3M) and driven by a 3M employee. H & W was insured under a policy issued by Carriers Insurance Company, which became insolvent after the accident. Because of the insolvency of Carriers, Northwestern…