Frank v. Illinois Farmers Insurance Co.

WAHL, Justice.

Respondents Stephen Frank and Janet Frank brought this declaratory judgment action for a determination that the automobile insurance contract of Stephen Frank with Illinois Farmers Insurance Company (Illinois Farmers) provides, by operation of law, for underinsured motorist coverage because the mandatory offer of such coverage, required by Minn.Stat. § 65B.49, subd. 6(e) (1976) (repealed 1980), was not made. Illinois Farmers claimed their agent had made an offer which complied with the statute. After a trial to the court, the Kandiyohi District Court concluded that a proper…