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FRANK v. ILLINOIS FARMERS INS. CO.

No. C8-82-655.

336 N.W.2d 307 (1983)

Stephen FRANK and Janet Frank, Respondents, v. ILLINOIS FARMERS INSURANCE CO., Appellant.

Supreme Court of Minnesota.

Rehearing Denied September 8, 1983.

Attorney(s) appearing for the Case

Rider, Bennett, Egan & Arundel, Eric J. Magnuson and Michael D. Tewksbury, Minneapolis, for appellant.

Schneider Neeser Beccu & Bruce, Scott W. Lofthus, Ronald H. Schneider and John Kallestad, Willmar, for respondents.

Heard, considered and decided by the court en banc.

WAHL, Justice.

Respondents Stephen Frank and Janet Frank brought this declaratory judgment action for a determination that the automobile insurance contract of Stephen Frank with Illinois Farmers Insurance Company (Illinois Farmers) provides, by operation of law, for underinsured motorist coverage because the mandatory offer of such coverage, required by Minn.Stat. § 65B.49, subd. 6(e) (1976) (repealed 1980), was not made. Illinois Farmers claimed their agent...

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