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MURPHY v. MILBANK MUT. INS. CO.

Nos. C1-85-88, C7-85-158.

388 N.W.2d 732 (1986)

Mary E. MURPHY, individually, and as trustee for the heirs of Gary K. Murphy, decedent, Petitioner, Appellant (C1-85-88), Respondent (C7-85-158), v. MILBANK MUTUAL INSURANCE COMPANY, Petitioner, Respondent (C1-85-88), Appellant (C7-85-158), Kemper Insurance Companies, Petitioner, Appellant, Respondent (C1-85-88, C7-85-158).

Supreme Court of Minnesota.

June 6, 1986.

Attorney(s) appearing for the Case

David Sandberg, Forest Lake, for Murphy.

David Oskie, Golden Valley, for Milbank Mut.

Mark L. Pfister, Minneapolis, for Kemper Ins.

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

SIMONETT, Justice.

This case presents issues of whether uninsured motorist coverage should be implied for an insurer's failure to offer, whether uninsured and underinsured coverages are mutually exclusive, and whether stacking applies to a commercial fleet policy. We affirm in part and reverse in part.

On October 29, 1977, Gary Murphy, a Minnesota resident, while driving his employer's truck in Iowa, was fatally injured in a collision with a car. The car,...

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