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WASHINGTON v. MILBANK INS. CO.

No. C2-95-2627.

562 N.W.2d 801 (1997)

Ruth WASHINGTON, et al., Respondents, v. MILBANK INSURANCE COMPANY, petitioner, Appellant.

Supreme Court of Minnesota.

May 15, 1997.

Attorney(s) appearing for the Case

Mahoney, Dougherty and Mahoney, P.A., Victor E. Lund, Kenneth P. Gleason, Minneapolis, for appellant.

David G. Mueller and Associates, Bradley H. Ratgen, Minneapolis, for respondents.

Meshbesher and Spence, Ltd., Michael C. Shyder, Richard A. Ruohonen, Minnesota Trial Lawyers Assn., Minneapolis, amicus curiae.

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

OPINION

PAGE, Justice.

This declaratory judgment action was brought by Ruth and Booker Washington (Washingtons) to compel Milbank Insurance Company (Milbank) to arbitrate the Washingtons' underinsured motorist (UIM) claim. The Washingtons' UIM claim arose from Mrs. Washington's involvement in a motor vehicle accident on November 11, 1989, with Junauld Presley (Presley) who was insured by State Farm Insurance Company...

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