WEARN v. ALLSTATE INS. CO.

No. C6-84-1646.

366 N.W.2d 338 (1985)

William H. WEARN, Sr., et al., Respondents, v. ALLSTATE INSURANCE COMPANY, Appellant.

Court of Appeals of Minnesota.

Review Denied June 27, 1985.


Attorney(s) appearing for the Case

Virginia A. Marso, Schmitt, Johnson & Marso, St. Cloud, for respondents.

R. Gregory Stephens, Laura S. Underkuffler, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for appellant.

Heard, considered and decided by FORSBERG, P.J., and PARKER and LANSING, JJ.


OPINION

FORSBERG, Judge.

This is an appeal from summary judgment entered against Allstate, implying underinsured motorists coverage into respondent Wearn's policy. The trial court held that Allstate had an affirmative duty to re-offer such coverage after a 1977 amendment changed the nature and scope of underinsured benefits. We affirm.

FACTS

On January 23, 1978, respondent William Wearn was injured in an automobile accident involving an...

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