Gabriel v. Minnesota Mutual Fire & Casualty

SANDSTROM, Justice.

A motor vehicle accident resulting in serious bodily injury and death led to this case which requires us to construe provisions of North Dakota’s underinsured motorist law. The district court granted summary judgment for the defendant insurance companies. We reverse, concluding:

1. Underinsured motorist policy provisions excluding coverage for accidents involving government vehicles were invalid as contrary to law.

2. The plaintiffs were “legally entitled to collect” from the school district which has limited liability under Minnesota law.

3.Only the amount paid the individual…