PRESNELL v. ALLSTATE INS. CO.

No. C1-88-1417.

434 N.W.2d 267 (1989)

In the Matter of the Arbitration of Delbert E. PRESNELL, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

Court of Appeals of Minnesota.

January 3, 1989.


Attorney(s) appearing for the Case

Ronald L. Seeger, Michaels, Seeger, Rosenblad & Arnold, Rochester, for respondent.

James R. Carlson, Muir, Heuel, Carlson & Spelhaug, P.A., Rochester, for appellant.

Heard, considered and decided by NIERENGARTEN, P.J., and STONE and FLEMING, JJ.


OPINION

BRUCE C. STONE, Judge.

Allstate Insurance Company appeals from the judgment of the trial court affirming the arbitrators' award in an auto insurance case, contending that the trial court erred in reducing the insured's total award by the settlement proceeds received from an underinsured tortfeasor's insurer, rather than in reducing the award by the liability limits of the underinsured tortfeasor's insurance policy.

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