Cited by

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

182 citing documents.

Stewart v. Anderson 478 N.W.2d 527 Minn. Ct. App. 1991
Stewart v. Anderson 478 N.W.2d 527 Minn. Ct. App. 1991
Stewart did not respond to that offer, although she notified her insurer, State Farm Insurance Companies
Royal-Milbank Insurance Co. v. Busse 474 N.W.2d 441 Minn. Ct. App. 1991
Royal-Milbank Insurance Co. v. Busse 474 N.W.2d 441 Minn. Ct. App. 1991
Prior to completing the settlement with the tortfeasors, Busse gave notice of his intent to settle the wrongful death action to his own insurer, Milbank
Principal Financial Group v. Allstate Insurance Co. 472 N.W.2d 338 Minn. Ct. App. 1991
Principal Financial Group v. Allstate Insurance Co. 472 N.W.2d 338 Minn. Ct. App. 1991
(subrogation rights depend on equitable principles and the insurance contract); see also Preferred Risk Mut.
Costello v. Aetna Casualty & Surety Co. 463 N.W.2d 911 Minn. Ct. App. 1991
Costello v. Aetna Casualty & Surety Co. 463 N.W.2d 911 Minn. Ct. App. 1991
Sutherland v. Allstate Insurance Co. 464 N.W.2d 150 Minn. Ct. App. 1990
Sutherland v. Allstate Insurance Co. 464 N.W.2d 150 Minn. Ct. App. 1990
Liberty Mut. Ins. v. AMERICAN FAMILY MUT. 463 N.W.2d 750 Minn. 1990
Liberty Mut. Ins. v. AMERICAN FAMILY MUT. 463 N.W.2d 750 Minn. 1990
American Family Mutual Insurance Co. v. Baumann 459 N.W.2d 923 Minn. 1990
American Family Mutual Insurance Co. v. Baumann 459 N.W.2d 923 Minn. 1990
Although that right accrues only upon payment of the insurer’s contractual obligation, this court declared that an insurer’s potential right of subrogation against an underin-sured motorist was also entitled to protection.
Kersting v. Royal-Milbank Insurance 456 N.W.2d 270 Minn. Ct. App. 1990
Kersting v. Royal-Milbank Insurance 456 N.W.2d 270 Minn. Ct. App. 1990
and Johnson v. American Family Mut.
American Family Mutual Insurance Co. v. Baumann 445 N.W.2d 274 Minn. Ct. App. 1989
American Family Mutual Insurance Co. v. Baumann 445 N.W.2d 274 Minn. Ct. App. 1989
Onasch v. Auto-Owners Insurance Co. 444 N.W.2d 587 Minn. Ct. App. 1989
Onasch v. Auto-Owners Insurance Co. 444 N.W.2d 587 Minn. Ct. App. 1989
Respondents provided this notice 30 days before they intended to accept the settlement, and invited appellant to preserve its subrogation rights by substituting its own check
American Family Mutual Insurance Co. v. Luhman 438 N.W.2d 453 Minn. Ct. App. 1989
Distinguished American Family Mutual Insurance Co. v. Luhman 438 N.W.2d 453 Minn. Ct. App. 1989
It is merely “excess coverage over the liability limit that would be available when damages were uncompensated merely because the tortfeasor carried inadequate liability insurance.” ().
Thommen v. Illinois Farmers Insurance Co. 437 N.W.2d 651 Minn. 1989
Thommen v. Illinois Farmers Insurance Co. 437 N.W.2d 651 Minn. 1989
-63 (Minn.1983), regarding a UIM insurer’s options on receipt of notice of settlement offer.
O'DONNELL v. Brodehl 435 N.W.2d 68 Minn. Ct. App. 1989
O'DONNELL v. Brodehl 435 N.W.2d 68 Minn. Ct. App. 1989
The central issue of this appeal involves the trial court’s to the undisputed facts of this case.
Husfeldt v. Willmsen 434 N.W.2d 480 Minn. Ct. App. 1989
Husfeldt v. Willmsen 434 N.W.2d 480 Minn. Ct. App. 1989
On September 21 and September 24, 1987, counsel for the Husfeldts sent letters to Farm Bureau giving notice of the tentative $60,000
Presnell v. Allstate Insurance Co. 434 N.W.2d 267 Minn. Ct. App. 1989
Presnell v. Allstate Insurance Co. 434 N.W.2d 267 Minn. Ct. App. 1989
At the time this case arose, an “underin-surer [was] liable only for the amount of damages suffered by the insured in excess of the liability limits of the defendant.”
Wondra v. American Family Insurance Group 432 N.W.2d 455 Minn. Ct. App. 1988
Wondra v. American Family Insurance Group 432 N.W.2d 455 Minn. Ct. App. 1988
However, the Minnesota Supreme Court held that the insured has the right of full control over his lawsuit against the tortfeasor.
Arney v. American Family Insurance 429 N.W.2d 271 Minn. Ct. App. 1988
Arney v. American Family Insurance 429 N.W.2d 271 Minn. Ct. App. 1988
argues that the Arneys failed to notify it 30 days in advance of the resolution of their claims against Helbig, contending this notice is required by the Minnesota Supreme Court’s
Broton v. Western National Mutual Insurance Co. 428 N.W.2d 85 Minn. 1988
Broton v. Western National Mutual Insurance Co. 428 N.W.2d 85 Minn. 1988
Cf., -61 (Minn.1983) (policy provision denying insured UIM benefits unless applicable liability limits have been exhausted discourages settlement and is void as against public policy).
Johnson v. American Family Mutual Insurance Co. 426 N.W.2d 419 Minn. 1988
Johnson v. American Family Mutual Insurance Co. 426 N.W.2d 419 Minn. 1988
The arbitration panel determined that the bus driver was negligent, that Johnson’s damages did not exceed $1,100,000 (the combined liability limits of both drivers’ insurance policies)
Midwest Family Mut. Ins. v. Amco Ins. 422 N.W.2d 758 Minn. Ct. App. 1988
Midwest Family Mut. Ins. v. Amco Ins. 422 N.W.2d 758 Minn. Ct. App. 1988
Lenssen v. Farm Bureau Mutual Insurance Co. 421 N.W.2d 414 Minn. Ct. App. 1988
Lenssen v. Farm Bureau Mutual Insurance Co. 421 N.W.2d 414 Minn. Ct. App. 1988
an underin-surer is entitled to 30 days’ notice of a tentative settlement agreement and an opportunity to protect potential subrogation rights by paying underinsurance benefits before release.
Traver v. Farm Bureau Mutual Insurance Co. 418 N.W.2d 727 Minn. Ct. App. 1988
Traver v. Farm Bureau Mutual Insurance Co. 418 N.W.2d 727 Minn. Ct. App. 1988
Broton v. WESTERN NAT. MUT. INS. CO. 413 N.W.2d 829 Minn. Ct. App. 1987
Broton v. WESTERN NAT. MUT. INS. CO. 413 N.W.2d 829 Minn. Ct. App. 1987
Second, while it is true under this interpretation claimants will go to UIM carriers first for compensation
Johnson v. American Family Mutual Insurance Co. 413 N.W.2d 172 Minn. Ct. App. 1987
Johnson v. American Family Mutual Insurance Co. 413 N.W.2d 172 Minn. Ct. App. 1987
ANALYSIS I In denying Johnson’s claim for benefits, for the proposition that he was prohibited from recovering damages unless his total damages exceeded the third-party tort-feasors’ total available insurance coverage of $1,100,000.
Fladager v. Farm Bureau Mutual Insurance Co. 414 N.W.2d 551 Minn. Ct. App. 1987
Fladager v. Farm Bureau Mutual Insurance Co. 414 N.W.2d 551 Minn. Ct. App. 1987
Clearly, notice is required.