Osterdyke v. State Farm Mutual Automobile Insurance Co.

POPOVICH, Justice.

This is an appeal from a decision of the court of appeals holding that underinsured motorist coverage, imposed by operation of law due to the insurer’s failure to make a mandatory offer of such coverage pursuant to Minn.Stat. § 65B.49, subd. 6(e) (1978) (repealed 1980), was available in an amount equal to the insured’s residual liability limits where such limits were greater than the minimum liability coverage required by statute. We affirm.

I

On March 16, 1979, Kenneth Osterdyke was severely injured when the vehicle he was driving collided with another vehicle. The other…