Legal Opinion
Beaudry v. State Farm Mutual Automobile Insurance Co.
Supreme Court of Minnesota
Decided June 17, 1994No. C9-93-689PublishedCited by 16 opinions
1Opinion of the Court
OPINION
SIMONETT, Justice.
A cause of action for injury to the person dies with that person (except for special damages). But does the deceased person’s claim for underinsured motorist benefits survive the abatement of the underlying tort claim? We answer the question “no” and reverse the contrary ruling of the court of appeals.
On July 29, 1990, Alice Beaudry, age 75, was severely injured when the car in which she was a passenger and which was driven by her husband collided with a ear driven by Leonard Defoe. The accident was Defoe’s fault.
Alice Beaudry’s injuries required extensive medical…
2Cases cited10 opinions
- Schmidt v. ClothierSupreme Court of Minnesota · 1983
- Fussner v. AndertSupreme Court of Minnesota · 1961
- Employers Mutual Companies v. NordstromSupreme Court of Minnesota · 1993
- Kathryn Winger and Timothy Potts v. Cm Holdings, L.L.C.Supreme Court of Iowa · 2016
- McIntosh v. State Farm Mutual Automobile Insurance Co.Supreme Court of Minnesota · 1992
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Oanes v. Allstate Insurance Co.Supreme Court of Minnesota · 2000
- Lipka v. Minnesota School Employees Ass'n, Local 1980Supreme Court of Minnesota · 1996
- Weeks v. American Family Mutual Insurance Co.Supreme Court of Minnesota · 1998
- Estate of Berkemeir ex rel. Nielsen v. Hartford Insurance Co. of the MidwestUtah Supreme Court · 2004
- Miklas v. ParrottSupreme Court of Minnesota · 2004
11 more not listed; retrieve them via the Exa API.