Elwood v. Horace Mann Insurance Co.

OPINION

KLAPHAKE, Judge.

Appellant James A. Elwood (Elwood) sued his insurer, respondent Horace Mann Company (Horace Mann), to compel arbitration of an underinsured motorist (UIM) claim or to declare Horace Mann “has suffered no prejudice from lack of a Schmidt-Clothier notice and/or has otherwise waived or is estopped to raise the Schmidt-Clothier issue as a defense.” See Schmidt v. Clothier, 338 N.W.2d 256, 263 (Minn.1983). Following a trial, the court concluded Elwood forfeited his right of action against Horace Mann for UIM benefits. This appeal followed the court’s denial of Elwood’s…