Legal Opinion
Johnson v. Cummiskey
Court of Appeals of Minnesota
Decided May 26, 2009No. A08-1315PublishedCited by 3 opinions
1Opinion of the Court
OPINION
ROSS, Judge.
A driver whose car had only $30,000 of liability insurance coverage struck a motorcyclist, causing the motorcyclist $134,000 in damages. The motorcyclist recovered $34,000 from the car’s driver and the driver’s insurer. The motorcyclist then sought the balance from his own policy’s underinsured motorist (UIM) coverage. He sued his insurer after it applied the limits-less-paid clause of his policy to pay him only a portion of his remaining damages, deducting the $34,000 already paid to him. Injured motorcyclist Larry Johnson appeals from the district court’s summary judgment…
2Cases cited15 opinions
- State Ex Rel. Cooper v. FrenchSupreme Court of Minnesota · 1990
- Atwater Creamery Co. v. Western National Mutual Insurance Co.Supreme Court of Minnesota · 1985
- Dairyland Insurance v. Implement Dealers InsuranceSupreme Court of Minnesota · 1972
- Perl v. St. Paul Fire & Marine Insurance Co.Supreme Court of Minnesota · 1984
- Farkas v. Hartford Accident and Indemnity Co.Supreme Court of Minnesota · 1969
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3Cited by3 opinions
- Kastning v. State Farm Insurance CompaniesCourt of Appeals of Minnesota · 2012
- Assurance Co. of America v. American Registry of Radiologic TechnologistsDistrict Court, D. Minnesota · 2014
- Jamestown Villas v. State FarmCourt of Appeals for the Eighth Circuit · 2026