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JACOBS v. FARMLAND MUT. INS. CO.

Nos. C5-83-2003, C5-84-52.

377 N.W.2d 441 (1985)

Orrin F. JACOBS, as Trustee for the Heirs and Next-of-Kin of Michael Gordon Jacobs, Deceased, and Orrin F. Jacobs and Audrey M. Jacobs, individually, Respondents, v. FARMLAND MUTUAL INSURANCE COMPANY, Petitioner, Appellant, Frank Gentile, Respondent.

Supreme Court of Minnesota.

November 22, 1985.

Attorney(s) appearing for the Case

William A. Moeller, New Ulm, for appellant.

Michael T. Feichtinger, St. Cloud, for Gentile.

Richard S. Roberts, Wheaton, Rufer, Hefte, Pemberton, Schulze, Sorlie, Sefkow & Kershner, Fergus Falls, for Jacobs.

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

SIMONETT, Justice.

This appeal raises the question whether a jury, in setting aside a release fraudulently obtained by an adjuster, may award punitive damages against the adjuster and his insurance company. We reverse the award for punitive damages but affirm the trial court's ruling granting the adjuster indemnity against his insurance company.

Michael Jacobs, age 20, was killed instantly on April 30, 1981, when his truck collided at an uncontrolled rural...

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