Osterdyke v. State Farm Mutual Automobile Insurance Co.

MEMORANDUM OPINION

FOLEY, Judge.

This case specifically addresses the amount of underinsured motorist coverage imposed upon an insurer who fails to make a mandatory offer of such coverage pursuant to Minn.Stat. § 65B.49, subd. 6(e) (Supp.1977) (repealed by 1980 Minn.Laws ch. 539, § 7).

FACTS

We have considered this case once before. In Osterdyke v. State Farm Mutual Automobile Insurance Co., 371 N.W.2d 30, 35 (Minn.Ct.App.1985), pet. for rev. denied (Minn. Sept. 26, 1985) (Osterdyke I), we held a subsequent inadequate offer of underinsurance “tainted” the misleading, but legally sufficient,…