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AMERICAN FAMILY INS. GROUP v. SCHROEDL

No. C7-99-428.

616 N.W.2d 273 (2000)

AMERICAN FAMILY INSURANCE GROUP, petitioner, Appellant, v. Harold L. SCHROEDL, Respondent.

Supreme Court of Minnesota.

August 24, 2000.

Attorney(s) appearing for the Case

Rider, Bennett, Egan & Arundel, LLP, Eric J. Magnuson, Jeanne H. Unger, Minneapolis, for appellant.

Blomquist & Espeset, Robert V. Espeset, Barry L. Blomquist, Minneapolis, for respondent.

Lommen, Nelson, Cole & Stageberg, P.A., Kay Nord Hunt, Minneapolis, amicus curiae for The Insurance Federation of Minnesota.

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

OPINION

PAGE, Justice.

Respondent, Harold Schroedl, suffered a severe closed-head injury when he was hit by a car on December 6, 1997. Because of the accident, Schroedl was incapacitated and resided in a nursing home until he died in December 1998. Although Schroedl was retired at the time of the accident, he owned income-producing rental property that he managed and maintained. Because he was incapacitated after the accident, he was no longer able to maintain...

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