Published, May 4, 1999. Todd C. Warthan, et al., Appellants, vs. American Family Mutual Insurance Company, Respondent. Presiding Judge, Kalitowski, Judge, and Klaphake, Judge. When a nonresident who is insured under an automobile insurance policy issued in another state is injured in an automobile accident in Minnesota, the policy's underinsured motorist coverage need not conform with Minnesota law. Appellants, who are Wisconsin residents, collided with a vehicle operated by a third party.
All parties agree the third party's negligence was the sole cause of the accident.
At the time of the accident, appellants were insured under a policy issued in Wisconsin by American Family, a company also licensed to sell insurance in Minnesota. Appellants brought this action seeking to obtain coverage under the American Family policy. All parties agree that Minnesota law applies. The district court granted summary judgment for American Family, concluding Minnesota law does not require the court to reform the Wisconsin insurance contract between appellants and respondent. Minn. R. Civ.