KLUBALL v. AMERICAN FAMILY MUT. INS. CO.

No. A05-436.

706 N.W.2d 912 (2005)

Lori KLUBALL, Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

December 20, 2005.


Attorney(s) appearing for the Case

Hennepin County District Court, File No. CT-04-3744.

Wilbur W. Fluegel, Fluegel Law Office, Minneapolis, MN, and Gary L. Manka, Katz, Manka, Teplinsky, Due & Sobol, Ltd., Minneapolis, MN, for appellant.

Michael F. Barg, Taylor & Lance, Eden Prairie, MN, for respondent.

Considered and decided by SHUMAKER, Presiding Judge; KALITOWSKI, Judge; and HUDSON, Judge.


OPINION

HUDSON, Judge.

On appeal from summary judgment in which the district court ruled in favor of the respondent underinsured motorist (UIM) insurer, appellant argues the district court erred in concluding that: (a) respondent's "timely notice" clause was enforceable under Malmin, when respondent failed to demonstrate prejudice from its lack of ability to intervene; and (b) appellant's Schmidt notice was fatally defective when appellant...

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