RICHARDS v. MILWAUKEE INS. CO.

No. C2-93-596.

518 N.W.2d 26 (1994)

Rodney Lynn RICHARDS, Respondent, v. MILWAUKEE INSURANCE CO., Petitioner, Appellant.

Supreme Court of Minnesota.

Rehearing Denied August 18, 1994.


Attorney(s) appearing for the Case

Gregory J. Johnson, Theodore J. Smetak, Arthur, Chapman, McDonough, Kettering & Smetak, P.A., Minneapolis, for appellant.

John T. Buchman, John J. Gores, Sovcie & Buchman, Ltd., Anoka, for respondent.

Wilbur W. Fluegel, Sieben, Grose, Von Holtum, McCoy & Carey, Ltd., Minneapolis, for amicus curiae MN Trial Lawyers Assoc.

Kay Nord Hunt, Marc A. Johannsen, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for Amicus Curiae Ins. Federation of MN.

Heard, considered and decided by the court en banc.


OPINION

GARDEBRING, Justice.

This case involves the interpretation of the term "actual damages" in the statutory definition of "underinsured motor vehicle." At issue is whether no-fault benefits paid by the injured party's insurer are to be deducted from any tort recovery before or after actual damages are calculated for purposes of determining whether a vehicle is underinsured, triggering underinsured motorist...

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