FREY v. UNITED SERVICES AUTO. ASS'N

No. A06-2445.

743 N.W.2d 337 (2008)

Patricia A. FREY, as trustee for the heirs and next of kin of Stephen J. Frey, and Aven Frey, et al., Respondents, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, et al., Appellants.

Court of Appeals of Minnesota.

January 8, 2008.


Attorney(s) appearing for the Case

Timothy P. McCarthy, Jeffrey D. Bores, Chestnut & Cambronne, P.A., Minneapolis, MN, for respondents.

Robert W. Kettering, Jr., Douglas D. McGhee, Arthur, Chapman, Kettering, Smetak & Pikala, PA, Minneapolis, MN, for appellants.

Considered and decided by HALBROOKS, Presiding Judge; STONEBURNER, Judge; and MINGE, Judge.


OPINION

MINGE, Judge.

Appellant insurer challenges the district court summary judgment determination that reduced-liability (drop-down) limit provisions in automobile insurance coverage for resident family members is ambiguous, unenforceable, and inapplicable to respondent claimant. Although we agree with appellant that the drop-down limit for resident family members are enforceable, we conclude that the drop-down limit set forth in this policy does not...

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