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

No. C9-93-689.

518 N.W.2d 11 (1994)

William BEAUDRY, et al., Respondents, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, Appellant.

Supreme Court of Minnesota.

June 17, 1994.

Attorney(s) appearing for the Case

William M. Hart, Joseph W.E. Schmitt, Meagher & Geer, and Albert J. Dickinson, Stringer & Rohleder, St. Paul, for appellant.

James F. Dunn, Dunn & Elliott, St. Paul, for respondents.

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

OPINION

SIMONETT, Justice.

A cause of action for injury to the person dies with that person (except for special damages). But does the deceased person's claim for underinsured motorist benefits survive the abatement of the underlying tort claim? We answer the question "no" and reverse the contrary ruling of the court of appeals.

On July 29, 1990, Alice Beaudry, age 75, was severely injured when the car in which she was a passenger and which was driven...

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