ALTON M. JOHNSON CO. v. M.A.I. CO.

No. C3-89-1042.

463 N.W.2d 277 (1990)

ALTON M. JOHNSON CO., a/k/a Alton M. Johnson Company, judgment creditor, Petitioner, Respondent, and Gary Frederickson, Intervenor, Respondent, v. M.A.I. COMPANY, formerly Mutual Agency, Inc., et al., Judgment Debtors, and Employers Reinsurance Corporation, garnishee, Petitioner, Appellant.

Supreme Court of Minnesota.

November 21, 1990.


Attorney(s) appearing for the Case

Peter Lind, Foster, Waldeck & Lind, Ltd., Minneapolis, for appellant.

Herbert C. Davis, Davis & Racette, Chartered, St. Louis Park, for Alton M. Johnson Co.

Howard Helgen, Tierney, Norton & Helgen, P.A., Minneapolis, for Gary Frederickson.

Vicki Rizzolo, American Family Ins., Eden Prairie, Marcus Christianson, Christianson, Stoneberg, Giles & Myers, Marshall, Peter W. Riley, DeParcq, Hunegs, Stone, Koneg & Reid, P.A., Kathleen Mock, Ins. Federation of Minn., St. Paul, R.M. Blanchard, William M. Hart, Raymond L. Tahnk-Johnson, Meagher & Geer, Phillip A. Cole, Kay Nord Hunt, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, amicus curiae.

Heard, considered, and decided by the court en banc.


SIMONETT, Justice.

In this appeal, the garnishee insurer claims it was erroneously denied a jury trial on whether the Miller-Shugart settlement made by its insured with the injured claimant was a reasonable settlement, hence binding on the insurer.1 We agree with the trial court and the court of appeals that "reasonableness" was not a jury issue, and affirm.

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