Hague v. Allstate Ins. Co.

289 N.W.2d 43 (1978)

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Hague v. Allstate Ins. Co.

Minnesota Supreme Court

289 N.W.2d 43 (1978)

Facts

Ralph A. Hague was a passenger on a motorcycle owned and driven by his son, Ronald Hague, in Wisconsin when Richard R. Borst, a Wisconsin resident, hit the motorcycle with his car. Ralph died. At the time of the accident, Ralph and his wife, Lavinia Hague (plaintiff), lived in Wisconsin near the Minnesota border, and Ralph had worked in Minnesota for the previous 15 years. Neither Ronald’s motorcycle nor Borst’s car was insured. Ralph was insured by an Allstate Insurance Co. (Allstate) (defendant) policy with coverage on three vehicles, each with a $15,000 maximum for uninsured-motorist coverage. After Ralph’s death, Lavinia married a Minnesota resident and moved to Minnesota. A Minnesota court appointed Lavinia as personal representative of Ralph’s estate, and Lavinia filed suit against Allstate in Minnesota state court. Wisconsin law did not permit stacking of coverages, but Minnesota law did permit stacking, so Lavinia would be entitled to only $15,000 under Wisconsin law but $45,000 under Minnesota law. The trial court granted Lavinia’s motion for summary judgment, holding that she was entitled to $45,000 under Ralph’s Allstate policy, and denied Allstate’s motion to dismiss. Allstate appealed.

Rule of Law

Issue

Holding and Reasoning (Yetka, J.)

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