Depositors Insurance Company v. Craig Dollansky, Julie Dollansky

Summary

The court held that Minnesota Statutes section 60A.41(a) bars an insurer from pursuing subrogation against any person covered under any part of the relevant insurance policy when the loss resulted from that person's nonintentional acts. Because Dollansky was covered as a permissive user under Depositors' policy and the RV fire was not intentional, Depositors could not pursue him in subrogation, and the court affirmed dismissal of the action. Justice Lillehaug concurred on the ground that the statute was unambiguous, while Justice Thissen would have remanded for a determination whether Dollansky was covered for the particular loss at issue.