In Depositors Ins. Co. v. Dollansky, 919 N.W.2d 684 (Minn. 2018), the Supreme Court of Minnesota considered whether the anti-subrogation rule set forth in Minn. Stat. §60A.41(a) precluded a motor home lessor’s insurer, Depositors Insurance Company (Depositors), from proceeding against the motor home lessee. Finding that the lessee was an insured under the lessor’s policy, the court held that Depositors could not pursue subrogation.
As result of damage caused to the property of its insured, Karavan Trailers, Inc., Depositors paid Karavan the sum of $199,895.05. Depositors then proceeded with an action against the lessee of the motor home, Craig Dollansky, who was contractually obligated to provide his own insurance for the motor home. Dollansky filed for summary judgment arguing that under Minn. Stat. §60A.41(a), Depositors was statutorily barred from pursuing him as he was an insured under Karavan’s policy. The district court agreed with Dollansky and dismissed the action. After unsuccessfully appealing to the Minnesota Court of Appeals, Depositors appealed to the Supreme Court of Minnesota.
In the United States, most states have adopted an anti-subrogation rule either by statute or through common law. Under an anti-subrogation rule, an insurer may not pursue its insured for monies paid to its insured. While some...
