ZIEGELMANN v. NATIONAL FARMERS UNION

No. A04-412.

686 N.W.2d 563 (2004)

Mark O. ZIEGELMANN, et al., Respondents, v. NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANIES, Appellant.

Court of Appeals of Minnesota.

September 21, 2004.


Attorney(s) appearing for the Case

Charles T. Hvass, Jr., Hvass, Weisman King, Chartered, Minneapolis, MN, for respondents.

Steven L. Marquart, Cahill Marquart, P.A., Moorhead, MN, for appellant.

Considered and decided by SCHUMACHER, Presiding Judge; ANDERSON, Judge; and HALBROOKS, Judge.


OPINION

HALBROOKS, Judge.

A North Dakota resident injured in a motor-vehicle accident in Minnesota settled the underlying tort case for 90% of the tortfeasor's liability-coverage limits. The North Dakota resident then sought to recover underinsured motorist (UIM) benefits from his own insurer. The UIM insurer denied benefits on the ground that the policy terms required exhaustion of a tortfeasor's liability limits and moved for summary judgment. The district...

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