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GERDESMEIER v. SUTHERLAND

No. A03-07.

690 N.W.2d 126 (2004)

Ronald Ralph GERDESMEIER, et al., Appellants, v. Jeffry Marc SUTHERLAND, Defendant, Illinois Farmers Insurance Company, applicant for intervention, Respondent, and Ronald Ralph Gerdesmeier, et al., Appellants, v. Illinois Farmers Insurance Company, Respondent.

Supreme Court of Minnesota.

December 16, 2004.

Attorney(s) appearing for the Case

Thomas A. Klint, William J. Marshall, Gary T. LaFleur, Abcock, Neilson, Mannella, LaFleur & Klint, Anoka, MN, for Appellant.

Paul W. Godfrey, Votel, Anderson & McEachron, St. Paul, MN, for Respondent.

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

OPINION

HANSON, Justice.

Appellant Ronald Gerdesmeier was injured by an uninsured motorist. After submitting an uninsured motorist (UM) claim with his insurer, Respondent Illinois Farmers Insurance Company (Farmers), Gerdesmeier and his wife, Mary, brought a tort action against the uninsured motorist. When default judgment was entered in favor of the Gerdesmeiers in the tort action, they presented the judgment to Farmers and demanded payment. Farmers declined...

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