Richardson v. Ludwig

495 N.W.2d 869 (1993)

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Richardson v. Ludwig

Minnesota Court of Appeals
495 N.W.2d 869 (1993)

  • Written by Sheryl McGrath, JD

Facts

Richard Ludwig (defendant) was a pizza delivery driver for a Domino’s Pizza franchise called Jermike Corp. One day when Ludwig was using his stepmother’s car for work, he crashed into a car driven by Debra Richardson (plaintiff). Richardson sued Ludwig, his stepmother, Jermike Corp., and Domino’s Pizza for damages. State Farm Insurance Co. (State Farm) insured Ludwig’s stepmother’s car under a personal automobile insurance policy. The State Farm policy covered Ludwig while driving his stepmother’s car for personal use or for business use. U.S. Fire Insurance Co. (U.S. Fire) insured Jermike Corp. under a business automobile policy. The U.S. Fire policy covered cars that were not owned by Jermike Corp., if the cars were used in connection with Jermike Corp.’s business. U.S. Fire and State Farm filed cross-motions for summary judgment. U.S. Fire argued (among other things) that State Farm must be the primary insurance company to cover the claim. In contrast, State Farm argued that U.S. Fire was the primary insurance company on the claim. The trial court granted summary judgment in favor of State Farm and ruled that U.S. Fire was the primary insurance company on the claim. U.S. Fire settled Richardson’s claim but reserved the option to pursue indemnification from State Farm. U.S. Fire then requested that the trial court reconsider the summary-judgment ruling. The trial court did not change the ruling. Jermike Corp. appealed.

Rule of Law

Issue

Holding and Reasoning (Schumacher, J.)

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