United States Eighth Circuit

In a declaratory action involving a dispute over insurance coverage for a fatal motor vehicle accident and whether defendant-insurer breached its fiduciary duty by accepting coverage for and settling a personal injury claim arising out of the accident, summary judgment for insurer is affirmed over claims that: 1) the district court erred in determining that a driver and company were insureds under the policy for purposes of the accident because a policy exclusion precluded coverage, and plaintiff did not "own" the trailer at the time of the accident under the Minnesota No-Fault Automobile Insurance Act; 2) defendant breached its fiduciary duty by accepting coverage without plaintiff's consent and contrary to its express wishes; and 3) genuine issues of material fact precluded summary judgment for defendant on the fiduciary duty claim.

Appellate Information

• Decided 02/28/2008
• Published 02/28/2008

Judges

• SHEPHERD, Circuit Judge., Before BENTON, BOWMAN, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William L. Davidson, argued, Brian A. Wood, Matthew S. Frantzen, on the brief, Minneapolis, MN, for appellant.


• For Appellees:
  
• James T. Martin, argued, Edina, MN, for appellee.