Excess UIM coverage allowed for insured who was one of multiple parties injured in a bus accident.

The Minnesota Supreme Court decided in Sleiter v. American Famiiy Mutual Insurance Company that  Minn. Stat 65B.49, subd. 3a(5) is ambiguous in its use of the term “coverage available” with reference to an injured party’s ability to access his own preselected UIM limits on an excess basis. In this case, the UIM coverage actually available … Continued

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No UIM coverage for insureds who do not sustain injury in auto accidents, but instead sustain undercompensated wrongful death losses.

Stich, Angell attorney Louise Behrendt secured an affirmance for the firm’s client in Hanbury v. American Family Mutual Insurance Company, 865 N.W. 2d 83 (Minn. Ct. App. 2015). Appellant Hanbury was the trustee for the estate of his mother, who was killed in a motor vehicle accident. After securing the liability limits of the policy … Continued

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Lawsuits against insurance companies may be timely commenced via service upon the Commissioner of Commerce prior to expiration of the limitations period.

The Minnesota Supreme Court found in Meeker v. IDS Property Casualty Ins. Co., 862 N.W. 2d 43 (Minn. 2015) that a plaintiff timely commenced a lawsuit against her insurer by sending a copy of the summons and complaint to the Commissioner of Commerce and the defendant insurer via certified mail pursuant to Minn. Stat. § 45.028, … Continued

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Three Cases Successfully Resolved

Garth J Unke recently resolved multiple E. coli cases arising out of the consumption of food at an area restaurant. The supplier was identified which resulted in liability being passed through to responsible parties in a manner favorable to the client. All settlements were confidential. Senior partner Garth J. Unke obtained a defense verdict in … Continued

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DOUBLE RECOVERY ALLOWED FOR ECONOMIC LOSS BENEFITS

In State Farm Mutual Automobile Ins. Co. v. Lennartson, 857 N.W. 2d 713 (Minn. Ct. App. 2014), the Minnesota Court of Appeals found that the plain language of Minnesota’s No-Fault Act does not prevent an insured from seeking economic loss benefits in a no-fault arbitration proceeding after the insured has litigated economic loss damages in … Continued

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