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DEAN v. AMERICAN FAMILY MUT. INS. CO.

No. C5-94-1042.

535 N.W.2d 342 (1995)

Dale E. DEAN, et al., Respondents, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Petitioner, Appellant.

Supreme Court of Minnesota.

August 4, 1995.

Attorney(s) appearing for the Case

Joe E. Thompson, Schmidt, Thompson, Johnson & Moody, P.A., Willmar, for appellant.

Ronald H. Schneider, Schneider Law Office, Willmar, for respondents.

Heard, considered and decided by the court en banc.

OPINION

GARDEBRING, Justice.

In a claim for underinsured motorist benefits, the trial court applied the collateral source provision in Minn.Stat. § 548.36 (1994) to reduce the aggregate damage award before subtracting the amount associated with the claimant's comparative fault, as determined in an earlier jury trial. The court of appeals affirmed, and we reverse.

While driving his own car, Dale Dean, the plaintiff-respondent in this matter,...

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