Hermeling v. Minnesota Fire & Casualty Co.

OPINION

ANDERSON, Justice.

This appeal raises the question whether, in a subrogation action by an underinsured motorist insurance carrier, the statute of limitations begins to run on the date of the accident or on the date the carrier substitutes its check for a check offered in settlement by the tortfeasor’s insurance carrier. In this case, the action by the underinsured motorist insurance carrier was commenced more than six years from the date of the accident, but within six years of the date the check was substituted. The district court, in granting summary judgment, concluded that the…