GRAFF v. ROBERT M. SWENDRA AGENCY, INC.

Nos. A09-173, A09-522.

776 N.W.2d 744 (2009)

Curtis R. GRAFF, Respondent (A09-173), Appellant (A09-522), v. ROBERT M. SWENDRA AGENCY, INC., Appellant (A09-173), Respondent (A09-522).

Court of Appeals of Minnesota.

December 29, 2009.


Attorney(s) appearing for the Case

Michael C. Van Berkom, Borkon, Ramstead, Mariani, Fishman & Carp, Ltd.; and Martin T. Montilino, The Law Office of Martin T. Montilino, Minneapolis, MN, for respondent/appellant Graff.

Terrence M. Gherty, Gherty & Gherty, S.C., Hudson, WI, for appellant/respondent Swendra Agency.

Considered and decided by SCHELLHAS, Presiding Judge; MINGE, Judge; and ROSS, Judge.


OPINION

MINGE, Judge.

Insurance agent challenges the district court's award of damages to motorist for agent's negligent failure to procure added underinsured-motorist (UIM) coverage arguing that (1) motorist's settlement with and release of the insurer released agent as representative of the insurer; and (2) the district court did not properly apply the collateral-source statute. Minn.Stat. § 548.251 (2008). Motorist, in a consolidated cross-appeal...

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