Dakota, Minnesota & Eastern Railroad v. Acuity

JENSEN, Circuit Judge.

[¶ 1.] Dakota, Minnesota and Eastern Railroad (DM & E) filed this action claiming that Acuity, f/k/a Heritage Mutual Insurance Co. (Acuity), engaged in bad faith and vexatious failure to pay uninsured motorist (UM) benefits. DM & E appeals the circuit court’s entry of summary judgment on the claims. Acuity cross-appeals the circuit court’s discovery orders compelling Acuity’s attorneys to give a deposition in the case.

FACTUAL BACKGROUND

[¶ 2.] On July 28, 1998, DM & E employee Julian Olson (Olson) was seriously injured in a motor vehicle accident while acting in the scope…