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MALMIN v. MINNESOTA MUT. FIRE & CAS. CO.

No. C1-95-1274.

541 N.W.2d 4 (1995)

David E. MALMIN, et al., Appellants, v. MINNESOTA MUTUAL FIRE & CASUALTY COMPANY, Respondent.

Court of Appeals of Minnesota.

Review Granted February 9, 1996.

Attorney(s) appearing for the Case

Kay Nord Hunt, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for Appellants.

Robert S. Cragg, Cragg & Fobbe, Hopkins, for Respondent.

Considered and decided by SHORT, P.J., and PARKER and KLAPHAKE, JJ.

OPINION

KLAPHAKE, Judge.

Appellants David E. Malmin and Jeanette Malmin1 (Malmin) brought this action against respondent Minnesota Mutual Fire & Casualty Company (Minnesota Mutual) to recover underinsured motorist (UIM) benefits. Malmin moved for summary judgment, arguing that a policy provision requiring Minnesota Mutual's written consent to any suit against a tortfeasor was void, unenforceable and against public policy...

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