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MORLOCK v. ST. PAUL GUARDIAN INS. CO.

No. C2-01-340.

650 N.W.2d 154 (2002)

Dean E. MORLOCK, et al., Petitioners, Appellants, v. ST. PAUL GUARDIAN INSURANCE COMPANY, Respondent.

Supreme Court of Minnesota.

August 29, 2002.

Attorney(s) appearing for the Case

Krass & Monroe, P.A., Phillip R. Krass, C. John Jossart, Minneapolis, MN, for Appellant.

Bassford, Lockhart, Truesdell & Briggs, Michael A. Klutho, Charles E. Lundberg, Minneapolis, MN, for Respondent.

Meagher & Geer, P.L.L.P., William M. Hart, Minneapolis, MN, for Amicus Curiae—Minnesota Defense Lawyers Association.

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

OPINION

GILBERT, Justice.

This case involves whether or not the district court erred in giving an aggravation of a preexisting condition instruction based on CIVJIG 91.40 and, if so, whether a new trial is warranted. Appellants Dean E. Morlock and Judy A. Morlock brought suit against respondent St. Paul Guardian Insurance Company after Dean Morlock was injured in an automobile accident, seeking to recover underinsured motorist benefits for Dean Morlock's...

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