Paape v. Northern Assurance Co. of America

James J. Paape appeals from a summary judgment granted in favor of Northern Assurance Company of America. He raises three issues: (1) whether Northern, by refusing to make a payment for underinsurance, waived all its policy rights and defenses; (2) whether the trial court erred in deciding the issue of contract reformation when it was not raised by Northern’s motion for summary judgment; and (3) whether, after Northern refused to pay his underinsurance claim, Paape’s general release of the tortfeasor violated the terms of his policy thereby precluding any recovery. Because Northern, in…