BURGRAFF v. AETNA LIFE & CAS. CO.

No. C5-82-1102.

346 N.W.2d 627 (1984)

Mary Jo BURGRAFF, Respondent, v. AETNA LIFE & CASUALTY COMPANY, Appellant.

Supreme Court of Minnesota.

March 30, 1984.


Attorney(s) appearing for the Case

John H. Hinderaker, Gerard M. Nolting, Minneapolis, for appellant.

John C. Goetz and James R. Schwebel, Minneapolis, for respondent.

Jon K. Hammarberg, Bloomington, for American Family Mut. Ins. Co. amicus curiae.

Heard, considered and decided by the court en banc.


SIMONETT, Justice.

The issue here is whether the provision in an auto liability policy defining who is a "relative" of the named insured for underinsured motorist coverage is, as the trial court decided, contrary to the provisions of the No-Fault Act and, therefore, invalid. We conclude that the statutory definition of "relative" in the No-Fault Act applies to underinsured motorist coverage and that the insurance policy's definition of "relative" is inconsistent with...

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