West Bend Mutual Insurance Co. v. Allstate Insurance Co.

I respectfully dissent. While I agree with the court’s conclusion that primary *707underinsured motorist (UIM) coverage is unavailable to Oczak from the West Bend policy covering North End under our rule precluding co-primary coverages, I disagree with the court’s conclusion that the West Bend policy does not provide excess UIM coverage.

The court concludes that under Minn. Stat. § 65B.49, subd. 3a(5) (2008), the excess UIM coverage referenced in West Bend’s policy is only available to “named insureds.” The “named insured” on the West Bend policy is “North End 66, Inc.” Yet, the policy was…