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JOHNSON v. CUMMISKEY

No. A08-1315.

765 N.W.2d 652 (2009)

Larry Benjamin JOHNSON, Appellant, v. Brian Cletus CUMMISKEY, et al., Respondents.

Court of Appeals of Minnesota.

May 26, 2009.

Attorney(s) appearing for the Case

Gerald L. Maschka, Jorun Groe Meierding, Maschka, Riedy & Ries, Mankato, MN, for appellant.

Roger H. Gross, Timothy J. Crocker, Gislason & Hunter, LLP, Minneapolis, MN, for respondents.

Michael A. Bryant, Bradshaw & Bryant, PLLC, Park, MN, for Amicus Curiae Minnesota Association for Justice.

Considered and decided by ROSS, Presiding Judge; HALBROOKS, Judge; and JOHNSON, Judge.

OPINION

ROSS, Judge.

A driver whose car had only $30,000 of liability insurance coverage struck a motorcyclist, causing the motorcyclist $134,000 in damages. The motorcyclist recovered $34,000 from the car's driver and the driver's insurer. The motorcyclist then sought the balance from his own policy's underinsured motorist (UIM) coverage. He sued his insurer after it applied the limits-less-paid clause of his policy to pay him only a portion of his remaining...

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