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NEUMAN v. STATE FARM MUT. AUTO. INS. CO.

No. C2-91-1209.

492 N.W.2d 530 (1992)

Darrell Robert NEUMAN, Petitioner, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., an Illinois corporation, Respondent.

Supreme Court of Minnesota.

November 20, 1992.

Attorney(s) appearing for the Case

John P. Clifford, Meshbesher & Spence, Ltd., Minneapolis, and Pamela Finney, Meshbesher & Spence, St. Paul, for appellant.

Kay Nord Hunt, Michael P. Shroyer, Lommen, Nelson, Cole & Stageberg, Minneapolis, for respondent.

Sharon L. Van Dyck, Schwebel, Goetz, Sieben & Moskal, Minneapolis, for amicus curiae Minnesota Trial Lawyers Ass'n.

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

SIMONETT, Justice.

This appeal concerns the method of stacking underinsured motorist coverages in auto insurance policies. Is the amount recovered by the insured from the tortfeasor to be deducted three times, i.e., from each of the three coverages being stacked, or only once from the aggregate coverage? The trial court and the court of appeals ruled the offset should be applied seriatim. Neuman v. State Farm Mut. Auto. Ins. Co., 480...

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