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ISAAC v. VY THANH HO

No. A11-0011.

825 N.W.2d 379 (2013)

Bakita ISAAC, Respondent, v. VY THANH HO, et al., Appellants/Cross-Respondents, Auto Club Insurance Association, intervenor, Respondent/Cross-Appellant.

Supreme Court of Minnesota.

January 23, 2013.

Attorney(s) appearing for the Case

Jason R. Vohnoutka , Vohnoutka Law Office, Ltd., Minneapolis, MN, for respondent.

Paul J. Rocheford , Paul E.D. Darsow , J. Kevin Kirchner , Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minneapolis, MN, for appellants/cross-respondents.

John R. Crawford , Benjamin A. Johnson , Johnson & Lindberg, P.A., Minneapolis, MN, for respondent/cross-appellant.

OPINION

DIETZEN, Justice.

This case presents the question of whether an injured party may continue to pursue a negligence claim against a tortfeasor when the injured party notifies her underinsured motorist (UIM) carrier of a settlement offer from the tortfeasor and the UIM carrier elects to substitute its check for that of the tortfeasor pursuant to Schmidt v. Clothier (Schmidt-Clothier), 338 N.W.2d 256 (Minn.1983...

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