Reinsurance Ass'n of Minnesota v. Johannessen

I respectfully dissent.

The doctrine of reasonable expectations should be applied here. That doctrine allows a court to construe an insurance policy without relying on “arbitrary rules which do not reflect real-life situations.” Atwater Creamery Co. v. Western Nat’l Mut. Ins. Co., 366 N.W.2d 271, 278 (Minn.1985). The doctrine recognizes that “people purchase insurance relying on others, the agent or company, to provide a policy that meets their needs.” Id. at 277. Further, nothing in Atwater

suggests that the doctrine of reasonable-expectations is not to be applied except in the presence of…