EMPLOYERS MUT. COMPANIES v. NORDSTROM

No. C1-91-2240.

495 N.W.2d 855 (1993)

EMPLOYERS MUTUAL COMPANIES, Respondent, v. Florence Sofie NORDSTROM, Petitioner, Appellant.

Supreme Court of Minnesota.

February 19, 1993.


Attorney(s) appearing for the Case

Errol K. Kantor, and The Taylor Law Firm, Charles A. Beckjord, Minneapolis, for appellant.

Thomas D. Jensen, Timothy J. O'Connor, Lind, Jensen & Sullivan, P.A., Minneapolis, for respondent.

Mary C. Cade, Schwebel, Goetz, Sieben & Moskal, P.A., Minneapolis, for amicus curiae MN Trial Lawyers Assoc.

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


SIMONETT, Justice.

We decide in this appeal that the injured claimant must recover on her auto accident tort claim by trial or settlement before bringing an arbitration claim for underinsured motorist benefits.

In October 1990, claimant Florence Nordstrom was struck by a car while crossing the street and sustained a hip fracture. The parties disagree whether claimant was in the crosswalk at the time, so both liability and damages are disputed. The car driver...

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