TURNER v. MUTUAL SERVICE CAS. INS. CO.

No. C9-02-2029.

675 N.W.2d 622 (2004)

Judd TURNER, et al., Appellants, v. MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Appellant, Liberty Mutual Fire Insurance Company, Respondent.

Supreme Court of Minnesota.

March 4, 2004.


Attorney(s) appearing for the Case

Donald R. McNeil, Jr., Stephen F. Buterin, Coleman, Hull & Van Vliet, P.L.L.P, Fredrick C. Brown, Jr., Smith Parker, P.L.L.P., Minneapolis, for Appellants Turners.

Jack D. Moore, Moore, Warner & Kruger, St. Paul, for Appellant Mut. Service Ins. Co.

Nancy L. Gores, Conley & Borgeson, St. Paul, Theodore J. Smetak, Douglas D. McGhee, Arthur, Chapman, Kettering, Smetak & Pikala, P.A, Minneapolis, for Respondent.

Paul D. Peterson, Harper & Peterson, P.L.L.C., Woodbury, for Amicus MTLA.

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


OPINION

GILBERT, Justice.

This is a case of first impression involving a question of whether the Minnesota No-Fault Automobile Insurance Act, Minn.Stat. §§ 65B.41-.71 (2002), requires commercial automobile policies to provide uninsured or underinsured motorist coverage ("UM/UIM") to occupants of an out-of-state rental vehicle. The court of appeals held that Minn.Stat. § 60A.08, subd. 12 (2002) requires commercial policies to provide only for...

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