# Schmidt v. Clothier

> Supreme Court of Minnesota · September 23, 1983 · 338 N.W.2d 256

URL: https://www.frixlaw.com/law-library/cases/9740516

## Case

- **Full name:** H. Rosemarie SCHMIDT, Etc., Respondent, v. Kevin J. CLOTHIER, Et Al., Defendants, Safeco Insurance Co., Intervenor, Appellant, Edward Paskoff, Et Al., Respondents; H. Rosemarie SCHMIDT, Etc., Respondent, v. Gerald Frank HOAG, Respondent, Linda Elizabeth Epperly, Respondent, and Minneapolis Special School District # 1, Intervenor, Respondent, Safeco Insurance Co., Intervenor, Appellant
- **Court:** Supreme Court of Minnesota
- **Decided:** September 23, 1983
- **Citations:** 338 N.W.2d 256; 1983 Minn. LEXIS 1305
- **Precedential status:** Published
- **Opinion:** Concurring in part by Amdahl
- **Judges:** Scott, Wahl, Todd, Amdahl, Coyne
- **Cited by:** 172 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Superseded by statute, as recognized in Onasch v. Auto-Owners Insurance Co..
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9740516

## How later opinions describe it (automated extraction)

- stating that a UIM claimant may either pursue a tort claim to conclusion in district court, and then, if the judgment exceeds the liability limits of the tortfeasor’s policy, pursue UIM benefits; or settle the tort action for “the best settlement,” give notice to the underinsu…
- explaining that UIM insurance exists for situations when the limits of the tortfeasor’s liability insurance is inadequate and not for situations when “damages are uncompensated because the insured has chosen to settle with the tortfeasor for less than the liability limits”
- concluding that "[t]he insured has the right to accept what he or she considers the best settlement available and to proceed to arbitrate the underinsurance claim for a determination of whether the damages do indeed exceed the tort-feasor’s liability limits”
- concluding that “the insured cannot obtain a below-limit settlement from the tort-feasor and then recoup the ‘gap’ from the underinsurance carrier”

## Opinion text

AMDAHL, Chief Justice
(concurring and dissenting)
I join in the concurrence and dissent of Mr. Justice Todd.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9740516. Public record. Not legal advice.