Van Kampen v. Waseca Mutual Insurance Co.

OPINION

LANSING, Judge.

The district court granted summary judgment dismissing Tena Van Kampen’s underinsured-motorist (UIM) claims because she failed to protect her UIM insurers’ subrogation rights when she entered into a joint settlement under which her daughter, son-in-law, and grandchildren received the limits of the at-fault driver’s liability policy and Van Kampen received no payment. Because Van Kampen did not forfeit her right to UIM coverage, and because a genuine issue of material fact remains on whether the UIM insurers were prejudiced by inadequate notice of the settlement, we…