Osterdyke v. State Farm Mutual Automobile Insurance Co.

OPINION

LANSING, Judge.

Appellant Kenneth Osterdyke brought this declaratory judgment action to reform his State Farm automobile insurance policy to include underinsured motorist coverage, claiming that State Farm failed to make a mandatory offer of underinsured coverage as required by Minn.Stat. § 65B.49, subd. 6(e) (1978) (repealed 1980). The trial court found that State Farm made a legally sufficient offer of underinsured coverage, and Osterdyke appeals. We reverse.

FACTS

In March 1980 Kenneth Osterdyke was seriously injured in an automobile accident. The driver of the other vehicle was…