Cited by

Opinions in Minnesota that cite Schmidt v. Clothier, 338 N.W.2d 256.

182 citing documents.

Douglas Kemp, Appellant, Minn. Ct. App. 2023
d stated that Kemp “is entitled to judgment against each of the defendants consistent with the above findings.” Kemp sent a letter to State Farm informing it that the parties “ne gotiated an agreement to settle third party liability claims against [Driver 2] for $18,814.86, [$31,185.14] 1 less than policy limits.” The letter stated that: you have thirt y (30) days in which to exchange your check for that of the third party’s insurance carrier in order to preserve your rights of subrogation.
Brenda Becker, et al., Appellants, Minn. Ct. App. 2021
2 See Schmidt v Clothier , , 258 (Minn. 1983) (holding that “[a]n insured must give the underinsurer written notice of a tentative settlement agreement, after which the underinsurer has 30 days in which to either acquiesce in the settlement and lose its potential right to subrogation or prevent the settlement by exchanging its draft for the
Juanda R. White, individually and as trustee for the next-of-kin of Deallo D. Felder, deceased, Respondent, Minn. Ct. App. 2017
American Family argues that the district court erred in concluding that it did not have standing to raise a priority-of-insurance claim on whether the Pontiac was underinsured because it failed to protect its subrogation rights in the wrongful-death action under Schmidt v. Clothier , superseded in part by statute , 1989 Minn. Laws ch. 213, § 2 at 648 (codified at Minn. Stat. § 65B.49, subd.
Bret Hedrington v. American Standard Insurance Company of Wisconsin Minn. Ct. App. 2016
Bret Hedrington v. American Standard Insurance Company of Wisconsin Minn. Ct. App. 2016
-61 (Minn. 1983), superseded by statute on other grounds, Minn. Stat. § 65B.49, subd.
Ronning v. State Farm Mutual Automobile Insurance Co. 887 N.W.2d 35 Minn. Ct. App. 2016
Ronning v. State Farm Mutual Automobile Insurance Co. 887 N.W.2d 35 Minn. Ct. App. 2016
-63 (Minn.1983), superseded in part by statute, 1989 Minn. Laws ch. 213, § 2, at 648 (codified at Minn.Stat.
Steven Duane Auers, personally, and as trustee for the next of kin of Karen Auers v. Progressive Direct … 878 N.W.2d 350 Minn. Ct. App. 2016
Steven Duane Auers, personally, and as trustee for the next of kin of Karen Auers v. Progressive Direct … 878 N.W.2d 350 Minn. Ct. App. 2016
Ms. Auers settled with the tortfeasor for $100,000, after notifying appellant of its right to substitute its draft for the policy-limits offer to preserve its right to recover from the tortfeasor, superseded by statute on other grounds, Minn. Stat. § 65B.49, subd.
Swanson v. Brewster 784 N.W.2d 264 Minn. 2010
Swanson v. Brewster 784 N.W.2d 264 Minn. 2010
To this end, the No-Fault Act encourages the prompt payment of claims, in part by making no-fault insurers the primary source of benefits for those injured in automobile accidents and prohibiting the coordination of basic economic loss benefits, Stout, d at 112-13 .
Stroop v. Farmers Insurance Exchange 764 N.W.2d 384 Minn. Ct. App. 2009
Stroop v. Farmers Insurance Exchange 764 N.W.2d 384 Minn. Ct. App. 2009
Because we conclude that a UIM claim accrues by reason of settlement on the date that the insured receives notice *386 that the UIM insurer will not substitute its check for that of the tortfeasor’s and because the UIM action in this case was commenced more than six years after that date, we reverse.
George v. Evenson 754 N.W.2d 335 Minn. 2008
George v. Evenson 754 N.W.2d 335 Minn. 2008
rer was entitled to notice pursuant to Malmin v. Minnesota Mutual Fire & Casualty Co., or (2) an effort to arrive at a settlement agreement between the injured claimant and the tort- *337 feasors, superseded by statute on other grounds, Minn.Stat.
Kluball v. American Family Mutual Insurance Co. 706 N.W.2d 912 Minn. Ct. App. 2005
Kluball v. American Family Mutual Insurance Co. 706 N.W.2d 912 Minn. Ct. App. 2005
In that letter, he characterized MetLife’s payment of Craven’s $50,000 policy limit as a “settlement” and purported to give notice of a
Murray v. Puls 690 N.W.2d 337 Minn. Ct. App. 2004
Murray v. Puls 690 N.W.2d 337 Minn. Ct. App. 2004
Ziegelmann v. National Farmers Union Property & Casualty Companies 686 N.W.2d 563 Minn. Ct. App. 2004
Ziegelmann v. National Farmers Union Property & Casualty Companies 686 N.W.2d 563 Minn. Ct. App. 2004
The district court denied the motion for summary judgment but, upon insurer’s request, apply to nonresident UIM coverage.
Schwickert, Inc. v. Winnebago Seniors, Ltd. 680 N.W.2d 79 Minn. 2004
Schwickert, Inc. v. Winnebago Seniors, Ltd. 680 N.W.2d 79 Minn. 2004
for resolving the subrogation rights of an uninsured/un-derinsured motorist insurer when the insured has received a settlement offer from the tortfeasor.
Schwickert, Inc. v. Winnebago Seniors, Ltd. 661 N.W.2d 680 Minn. Ct. App. 2003
Schwickert, Inc. v. Winnebago Seniors, Ltd. 661 N.W.2d 680 Minn. Ct. App. 2003
On May 6, the owners, interested in the offer, orally invited AMCO to substitute its draft for $800,000
Cincinnati Insurance Co. v. Franck 644 N.W.2d 471 Minn. Ct. App. 2002
Behr v. American Family Mutual Insurance Co. 638 N.W.2d 469 Minn. Ct. App. 2002
Behr v. American Family Mutual Insurance Co. 638 N.W.2d 469 Minn. Ct. App. 2002
Respondents notified appellant, that they had negotiated a settlement with Bates’s insurer, State Farm, for $100,000.
Dohney v. Allstate Insurance Co. 632 N.W.2d 598 Minn. 2001
Dohney v. Allstate Insurance Co. 632 N.W.2d 598 Minn. 2001
The following reformulated questions of law were certified to us by the United States District Court for the District of Minnesota: I. Where a plaintiff settles with a tortfeasor for 40% of the tortfea-sor’s may the plaintiffs insurer deny an underin-sured motorist claim based on the plaintiffs failure to reach the “best settlement” with the tortfea-sor?
Oanes v. Allstate Insurance Co. 617 N.W.2d 401 Minn. 2000
Oanes v. Allstate Insurance Co. 617 N.W.2d 401 Minn. 2000
Country Mutual Insurance v. Fonk 7 P.3d 973 Ariz. Ct. App. Div. 1 2000
Sheung Kwong v. Depositors Insurance Co. 612 N.W.2d 184 Minn. Ct. App. 2000
Sheung Kwong v. Depositors Insurance Co. 612 N.W.2d 184 Minn. Ct. App. 2000
Second, the insured can settle the tort claim for the best settlement, give a notice to the underinsured motorist carrier, and then bring a claim for underinsured motorist benefits.
Becker v. State Farm Mutual Automobile Insurance Co. 611 N.W.2d 7 Minn. 2000
Becker v. State Farm Mutual Automobile Insurance Co. 611 N.W.2d 7 Minn. 2000
Northrup v. State Farm Mutual Automobile Insurance Co. 601 N.W.2d 900 Minn. Ct. App. 1999
Northrup v. State Farm Mutual Automobile Insurance Co. 601 N.W.2d 900 Minn. Ct. App. 1999
On January 8, 1998, respondent was notified of appellant’s settlement with her husband’s -63 (Minn.1983), but did not substitute its draft.
Becker v. State Farm Mutual Automobile Insurance Co. 596 N.W.2d 697 Minn. Ct. App. 1999
Commercial Union Insurance Co. v. Minnesota School Board Ass'n 600 N.W.2d 475 Minn. Ct. App. 1999
Commercial Union Insurance Co. v. Minnesota School Board Ass'n 600 N.W.2d 475 Minn. Ct. App. 1999
(Schmidt/Clothier), CU substituted its draft of $100,000 to Brandt to preserve and protect its right of subrogation against the Persons.
Becker v. State Farm Mutual Automobile Insurance Co. 596 N.W.2d 697 Minn. Ct. App. 1999
Did the district court err in ruling that respondent was not prejudiced by appellants’ failure to give a ?
American Family Insurance Group v. Schroedl 598 N.W.2d 704 Minn. Ct. App. 1999
Ruddy v. State Farm Mutual Automobile Insurance Co. 596 N.W.2d 679 Minn. Ct. App. 1999
Ruddy v. State Farm Mutual Automobile Insurance Co. 596 N.W.2d 679 Minn. Ct. App. 1999
Nevertheless, the court rejected the notion of fashioning 1 a 1 for underinsured motorist claims.
Moundson v. Bitzan 588 N.W.2d 169 Minn. Ct. App. 1999
Moundson v. Bitzan 588 N.W.2d 169 Minn. Ct. App. 1999
Grinnell appeals, arguing that the district court erred in concluding (1) a settlement had been reached between the Bitzans and Moundson, and (2) Grinnell’s subrogation rights against Moundson were waived and extinguished by Grinnell’s failure to preserve those rights in accordance with Schmidt .
Ricke v. Progressive Specialty Insurance Co. 577 N.W.2d 512 Minn. Ct. App. 1998
Ricke v. Progressive Specialty Insurance Co. 577 N.W.2d 512 Minn. Ct. App. 1998
(underinsurer entitled to notice before settlement with tortfeasor).