Marchio v. Western National Mutual Insurance Co.

OPINION

KLAPHAKE, Judge.

Appellant Michael Marchio appeals from the district court’s decision granting summary judgment to respondent Western National Mutual Insurance Company on his claim seeking uninsured motorist (UM) benefits. Because the insurance policy’s duplicate payments exclusion, as applied, violates Minn.Stat. § 65B.49, subd. 3a (2006), we reverse and remand.

FACTS

Decedent Ida Marchio was a passenger in a car driven by her husband, Michele Marchio. A hit-and-run driver struck the Marchio car. Michele Marchio tried to stop his car, but pressed the accelerator rather than the brake.…