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OSTERDYKE v. STATE FARM MUT. AUTO. INS.

No. C6-87-365.

420 N.W.2d 900 (1988)

Kenneth Cornelius OSTERDYKE, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, Appellant.

Supreme Court of Minnesota.

March 25, 1988.

Attorney(s) appearing for the Case

Robert E. Salmon, Minneapolis, for petitioner, appellant.

Douglas E. Schmidt, Minneapolis, for respondent.

Heard, considered and decided by the court en banc.

POPOVICH, Justice.

This is an appeal from a decision of the court of appeals holding that underinsured motorist coverage, imposed by operation of law due to the insurer's failure to make a mandatory offer of such coverage pursuant to Minn.Stat. § 65B.49, subd. 6(e) (1978) (repealed 1980), was available in an amount equal to the insured's residual liability limits where such limits were greater than the minimum liability coverage required by statute. We affirm...

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