Johnson v. Urie

OPINION

HUSPENI, Judge.

Roger Johnson appeals from a summary judgment determining that a negligence action cannot be maintained against respondents. 1 The trial court concluded that, following repeal of Minn. Stat. § 65B.49, subd. 6(e) (repealed 1980), insurers and insurance agents do not have a duty to offer and explain underinsured motorist coverage to insureds. Appellant argues that there is a common law duty to offer such coverage which is unaffected by repeal of the statute. We reverse and remand.

FACTS

Roger and Ardel Johnson purchased insurance from American Family Insurance Company agent…