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Insurance – subrogation — offsets

Insurance – subrogation — offsets

Melissa Peterson appeals a judgment awarding her damages after a jury trial in her personal injury action against American Family Mutual Insurance Company and Jessica Jacobs (collectively, American Family). Peterson argues the circuit court erroneously granted American Family an offset equal to the amount of funds Peterson’s own insurer, Badger Mutual, already paid to her under Minnesota no-fault automobile insurance law. American Family cross-appeals arguing it was entitled to an additional offset for the funds Badger Mutual paid Peterson to settle her bad faith claim. We agree with Peterson that American Family was not entitled to any offset. Accordingly, we reverse and direct the circuit court to modify the judgment. This opinion will not be published.

2010AP2435 Peterson v. American Family Mutual Insurance Company, et al.

Dist III, St. Croix County, Cameron, J., Per Curiam

Attorneys: For Appellant: Biegert, Matthew A., New Richmond; Rasmussen, Christine A., New Richmond; For Respondent: Gherty, Terrence M., Hudson

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