Carlson v. Mutual Service Insurance

COYNE, Justice.

Once again we consider the question of the imposition on an insurance agent of a common law duty, based on special circumstances, to specifically offer underinsured motorist coverage as a part of an automobile insurance policy issued subsequent to the repeal of the statute, Minn.Stat. § 65B.49, mandating an offer of underin-sured motorist (hereinafter UIM) coverage. The court of appeals affirmed the trial court’s imposition of such a duty in the circumstances of the case but reversed the trial court’s determination that the insured’s entitlement was limited by the amount of…