ELWOOD v. HORACE MANN INS. CO.

No. C2-94-2116.

531 N.W.2d 512 (1995)

James A. ELWOOD, Appellant, v. HORACE MANN INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

May 16, 1995.


Attorney(s) appearing for the Case

Arlo H. Vande Vegte, Long Lake, for appellant.

William K. Strifert, Minneapolis, for respondent.

Considered and decided by KLAPHAKE, P.J., and PETERSON and MANSUR, JJ.


OPINION

KLAPHAKE, Judge.

Appellant James A. Elwood (Elwood) sued his insurer, respondent Horace Mann Company (Horace Mann), to compel arbitration of an underinsured motorist (UIM) claim or to declare Horace Mann "has suffered no prejudice from lack of a Schmidt-Clothier notice and/or has otherwise waived or is estopped to raise the Schmidt-Clothier issue as a defense." See Schmidt v. Clothier, 338 N.W.2d 256, 263...

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