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WEST BEND MUT. INS. v. ALLSTATE INS.

Nos. A07-248, A07-357.

776 N.W.2d 693 (2009)

WEST BEND MUTUAL INSURANCE COMPANY, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant, Thomas Oczak, et al., Appellants.

Supreme Court of Minnesota.

December 24, 2009.

Attorney(s) appearing for the Case

Dale M. Wagner, Louis J. Speltz, Bassford Remele, P.A., Minneapolis, MN, for respondent.

William L. Davidson, Lind, Jensen, Sullivan & Peterson, P.A., Minneapolis, MN, for appellant Allstate Insurance Company.

Richard D. O'Dea, Ralph S. Palmer, Palmer O'Dea, L.L.C., Roseville, MN; and David K. Cody, The Cody Law Group, Chtd., St. Paul, MN, for appellants Thomas Oczak, et al.

Paul D. Peterson, Lori L. Barton, Harper & Peterson, P.L.L.C., Woodbury, MN, for amicus curiae Minnesota Association for Justice.

OPINION

DIETZEN, Justice.

Appellant Thomas Oczak (Oczak) was seriously injured in a car accident in which the driver of the other car was underinsured. At the time of the accident, Oczak was the owner of North End 66, Inc. (North End),1 and was driving a car owned by a customer of North End. After settling with the negligent driver's insurer, and the insurer of the car Oczak occupied, Oczak brought underinsured motorist (UIM...

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