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

No. C6-99-1246.

621 N.W.2d 743 (2001)

Tammara Stimpert SCHONS, et al., Petitioners, Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

Supreme Court of Minnesota.

February 8, 2001.

Attorney(s) appearing for the Case

Grannis & Hauge, P.A., Michael J. Dwyer, Virginia A. Dwyer, Eagan, for Appellants.

Meagher & Geer, P.L.L.P., Katherine A. McBride, Minneapolis, for Respondent.

Schwebel, Goetz & Sieben, P.A., Sharon L. Van Dyck, Minneapolis, for Amicus Curiae Minnesota Trial Lawyers.

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

OPINION

BLATZ, Chief Justice.

In this case, we are required to determine the proper application of Minn.Stat. § 65B.49, subd. 3a(5) (2000), of Minnesota's No Fault Automobile Insurance Act (the "No Fault Act") to the underinsured motorist (UIM) benefits claim of a passenger injured in an automobile accident involving two negligent drivers. Appellant Tammara Stimpert Schons seeks UIM benefits from her automobile policy with respondent State Farm Mutual...

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