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BEHRENS v. AMERICAN FAMILY MUT. INS. CO.

No. C6-94-577.

520 N.W.2d 763 (1994)

John T. BEHRENS, Respondent, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellant.

Court of Appeals of Minnesota.

Review Denied October 14, 1994.

Attorney(s) appearing for the Case

Todd S. Lundquist, Lundquist Law Offices, Mankato, for appellant.

Michael G. Wright, Simmonds, Simmonds & Wright, Mankato, for respondent.

Considered and decided by NORTON, P.J., and RANDALL and SCHULTZ, JJ.

OPINION

RANDALL, Judge.

After being injured in a car accident, respondent John T. Behrens entered into a liability settlement with the tortfeasor without providing notice to appellant American Family Mutual Insurance Company, Behrens's underinsurance carrier, pursuant to Schmidt v. Clothier, 338 N.W.2d 256, 262-63 (Minn.1983). At the time of the settlement, respondent was not contemplating bringing a claim for underinsurance...

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