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

No. CX-98-1143.

588 N.W.2d 173 (1999)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, v. James SPARTZ, Appellant.

Court of Appeals of Minnesota.

Review Denied March 30, 1999.


Attorney(s) appearing for the Case

Christopher D. Robinson, Askegaard & Robinson, P.A., Brainerd, MN (for respondent).

Paul J. Phelps, Sawicki Neese & Phelps, P.A., Woodbury, MN (for appellant).

Considered and decided by PETERSON, Presiding Judge, KLAPHAKE, Judge, and ANDERSON, Judge.


OPINION

ANDERSON, Judge.

This appeal is from a permanent injunction barring no-fault insurance benefits based on a theory of collateral estoppel. Because we conclude that reimbursement of actual income loss under the Minnesota No-Fault Act is not barred by reason of application of collateral estoppel arising from an underinsured motorist verdict, we reverse.

FACTS

Appellant, James Spartz, was...

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