Warthan v. American Family Mutual Insurance Co.

OPINION

KALITOWSKI, Judge

Appellants Todd C. and Gina Warthan contend the district court erred in concluding Minnesota law does not require respondent American Family Mutual Insurance Company (American Family) to pay underinsured motorist (UIM) benefits under appellants’ insurance contract with respondent.

FACTS

This ease arises out of an accident that occurred on December 28, 1995, on a Minnesota highway. Appellants, who are Wisconsin residents, collided with a vehicle operated by a third party. All parties agree the third party’s negligence was the sole cause of the accident. The third party’s…