DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
222769P.pdf 08/25/2023 James Prisk v. Travelers Indemnity Co. of America
U.S. Court of Appeals Case No: 22-2769
U.S. District Court for the District of Minnesota
[PUBLISHED] [Colloton, Author, with Loken and Erickson, Circuit Judges]
Civil case - Insurance. Plaintiff was injured in a car accident with a
City of Hermantown, Minnesota employee, and he brought this declaratory
judgment action to determine the amount of insurance recoverable under the
City's policy; plaintiff's recovery is subject to Minnesota's limit on
municipal tort liability - see Minn. Stat. Sec. 466.04 - and is limited to
$500,000; the district court erred in concluding that the City had waived
the statutory limit by purchasing a $2 million policy as an endorsement in
the policy provided different limits for different types of injuries, and
clearly provided that recovery for this type of accident was limited to
the statutory maximum of $500,000.