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VAN KAMPEN v. WASECA MUT. INS. CO.

No. A07-1457.

754 N.W.2d 578 (2008)

Tena V. VAN KAMPEN, Appellant, v. WASECA MUTUAL INSURANCE COMPANY, n/k/a Austin Mutual Group, Respondent, Westfield Insurance, a/k/a Westfield Group, defendant and third party plaintiff, Respondent, v. Rispens Seeds, Inc., et al., Third Party Defendants.

Court of Appeals of Minnesota.

August 5, 2008.

Attorney(s) appearing for the Case

John M. Riedy, Jorun Groe Meierding, Maschka, Riedy & Ries, Mankato, MN, for appellant.

James H. Turk, Blethen, Gage & Krause, Mankato, MN, for respondent Austin Mutual Group.

Richard P. Wright, Cheryl Hood Langel, McCollum, Crowley, Moschet & Miller, Ltd., Minneapolis, MN, for respondent Westfield Insurance.

Peter C. Sandberg, Dunlap & Seeger, P.A., Rochester, MN, for third party defendants Rispens Seeds, Inc.

Considered and decided by STONEBURNER, Presiding Judge; LANSING, Judge; and WORKE, Judge.

OPINION

LANSING, Judge.

The district court granted summary judgment dismissing Tena Van Kampen's underinsured-motorist (UIM) claims because she failed to protect her UIM insurers' subrogation rights when she entered into a joint settlement under which her daughter, son-in-law, and grandchildren received the limits of the at-fault driver's liability policy and Van Kampen received no payment. Because Van Kampen did not forfeit her right to UIM coverage, and...

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