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SCHMIDT v. CLOTHIER

C9-82-244, C6-82-993.

338 N.W.2d 256 (1983)

H. Rosemarie SCHMIDT, etc., Respondent, v. Kevin J. CLOTHIER, et al., Defendants, Safeco Insurance Co., intervenor, Appellant, Edward Paskoff, et al., Respondents. H. Rosemarie SCHMIDT, etc., Respondent, v. Gerald Frank HOAG, Respondent, Linda Elizabeth Epperly, Respondent, and Minneapolis Special School District # 1, intervenor, Respondent, Safeco Insurance Co., intervenor, Appellant.

Supreme Court of Minnesota.

Rehearing Denied November 16, 1983.

Attorney(s) appearing for the Case

Arthur, Chapman & Michaelson, Lindsay G. Arthur, Jr., Minneapolis, for appellant Safeco Inc.

Hvass, Weisman & King, H. Frank J. Brixuis, Minneapolis, for respondent Schmidt.

Meshbesher, Singer & Spence, Fred Pritzker, Minneapolis, for respondent Paskoff.

James L. Haigh, Minneapolis, for respondent Gerald Hoag.

Robert V. Daly, Minneapolis, for respondent Linda Epperly.

Michael Stern, Minneapolis, for respondent Mpls. Special School Dist.

Paul E. Godlewski, Minneapolis, for amicus Minn. Trial Lawyers Ass'n.

Eric J. Magnuson, Minneapolis, for amicus Minn. Defense Lawyers Assoc.

Heard, considered, and decided by the court en banc.

WAHL, Justice.

These consolidated cases raise important questions of insurance law in the context of underinsurance coverage, settlements, and subrogation rights.

In the first case, Rosemarie Schmidt sued for the wrongful death of her husband, Lloyd H. Schmidt. On November 1, 1979, Mr. Schmidt was hit and killed by a truck driven by defendant Clothier and owned by Clothier's employer, defendant Furniture House of Hastings, Inc., which carried a $100,000 liability...

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