Ziegelmann v. National Farmers Union Property & Casualty Companies

OPINION

HALBROOKS, Judge.

A North Dakota resident injured in a motor-vehicle accident in Minnesota settled the underlying tort case for 90% of the tortfeasor’s liability-coverage limits. The North Dakota resident then sought to recover underinsured motorist (UIM) benefits from his own insurer. The UIM insurer denied benefits on the ground that the policy terms required exhaustion of a tortfeasor’s liability limits and moved for summary judgment. The district court denied the motion for summary judgment but, upon insurer’s request, certified to this court the question of whether the principles…