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BROTON v. WESTERN NAT. MUT. INS. CO.

No. C0-87-1124.

428 N.W.2d 85 (1988)

William BROTON, as parent and natural Guardian of John Broton, a minor, Respondent, v. WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Petitioner, Appellant, State Farm Mutual Automobile Insurance Company, Defendant.

Supreme Court of Minnesota.

August 26, 1988.

Attorney(s) appearing for the Case

James T. Martin, Edina, for appellant.

Joseph F. Chase, Rochester, for respondent.

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

COYNE, Justice.

This declaratory action requires interpretation of a 1985 amendment to the Minnesota No-Fault Automobile Insurance Act governing the maximum liability of insurers for underinsured motorist coverage. The trial court and court of appeals ruled that the 1985 amendment codified as Minn. Stat. § 65B.49, subd. 4a (1986) did not change underinsured motorist coverage and that an injured party whose damages exceed the limits of the tortfeasor's liability...

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