Squier v. Milwaukee Mutual Insurance Co.

356 N.W.2d 828
CourtCourt of Appeals of Minnesota
DecidedOctober 30, 1984
DocketNo. C6-84-786
StatusPublished

This text of 356 N.W.2d 828 (Squier v. Milwaukee Mutual Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Squier v. Milwaukee Mutual Insurance Co., 356 N.W.2d 828 (Mich. Ct. App. 1984).

Opinion

OPINION

LESLIE, Judge.

This is an appeal from a summary judgment entered in favor of the respondent Milwaukee Mutual Insurance Company. The trial court determined that the respondent had made an adequate offer of under-insured motorist coverage to the appellants, which they had failed to accept. We affirm.

FACTS

Appellant LaVonne Squier was injured in a two-car automobile accident which occurred in December 1979. She collected the full limits of the other driver’s insurance policy, but that coverage was insufficient to fully compensate her for her damages. She did not have underinsured motorist coverage. In June 1982, she and her husband commenced this action against the respondent-insurer, claiming that they had never received a valid offer of underin-sured motorist coverage and that therefore their policy should be amended as a matter of law to include this coverage.

After completing discovery, both parties moved for summary judgment, and the trial court granted the respondent’s motion, finding that information contained in a brochure which the respondent had mailed to the appellants constituted a meaningful and adequate offer of underinsured motorist coverage.

ISSUE

Whether the respondent insurer made an offer of underinsured motorist coverage which included sufficient information concerning the availability of and costs associated with that coverage.

ANALYSIS

Minn.Stat. § 65B.49, subd. 6 (1978), repealed in 1980 but in effect at the time of the appellant’s accident, required that insurers offer underinsured motorist coverage to their insureds. That statute read, in relevant part:

Subd. 6. Mandatory offer; added coverage. Reparation obligors shall offer the following optional coverages in addition to compulsory coverages:
(e) Underinsured motorist coverage

The offer itself must be a meaningful one. Kuchenmeister v. Illinois Farmers Ins. Co., 310 N.W.2d 86 (Minn.1981). If an insurer has failed to offer this optional [830]*830coverage, a court may impose coverage by operation of law. Holman v. All Nation Ins. Co., 288 N.W.2d 244, 250 (Minn.1980).

In Hastings v. United Pacific Ins. Co., 318 N.W.2d 849 (Minn.1982), the Minnesota Supreme Court listed four requirements for a valid offer of underinsured motorist coverage: (1) the method of notification must be commercially reasonable; (2) the limits of the coverage must be specified and not merely offered in general terms; (3) the insurer must intelligibly advise the insured of the nature of the coverage; and (4) the insurer must apprise the insured of the fact that coverage is available for a “relatively modest” increase in the premium. Id., 318 N.W.2d at 851-53.

The appellants challenge the respondent-insurer’s brochure, claiming that it does not contain an adequate offer of underinsured motorist coverage as defined by Hastings. Although the respondent defends its brochure by examining each of the four criteria listed in Hastings, the appellants claim only that the brochure fails to meet the fourth Hastings concern, which requires that an offer state that underinsured motorist coverage is available for a “relatively modest” increase in premium. Whether or not a valid offer of under-insured motorist coverage was included in the respondent’s brochure is a legal conclusion which may be reached by this court on appeal, since all evidence is contained in the documents themselves. Maher v. All Nation Ins. Co., 340 N.W.2d 675, 678 (Minn.Ct.App.1983).

The respondent’s brochure indicates that a buyer can obtain various types of additional optional insurance “at reasonable costs,” listing those options as:

—Higher bodily injury liability limits
—Increased personal injury protection
—Underinsured motorist coverage
—Deductibles to reduce cost
—Motorcycle benefits

The appellants argue (a) that “reasonable cost” is not the same as a “relatively modest” increase in premiums, and (b) that “reasonable cost” is a particularly vague term as it is employed in the respondent’s brochure, since premium costs will vary dramatically depending upon which of the above optional coverages a buyer may choose.

Our supreme court, upon several occasions, has had an opportunity to examine the requirement that an insurer offer underinsured motorist coverage at a “relatively modest” cost. Although the court has indicated that an insurer may not simply inform the insured that coverage “may be purchased,” Hastings, 318 N.W.2d at 853; nonetheless, specific premium rates need not be listed in an offer of the various options. League General Ins. Co. v. Tvedt, 317 N.W.2d 40 (Minn.1982). In addition to the Hastings utilization of the phrase “relatively modest increase” the court has indicated its approval of the phrases “minimal cost,” (Holman, 288 N.W.2d at 250) and “small increase in * * premium,” (League General, 317 N.W.2d at 43).

The phrase “reasonable cost” which the respondent-insurer has employed in its brochure appears to meet the concern addressed in Hastings, Holman and League General, since “reasonable” may be equated with “relatively modest,” “minimal” or “small increase.” Although the Minnesota Supreme Court has not defined the term “reasonable” within a similar context, general reference dictionaries define “reasonable” and “modest” in terms which are almost interchangeable. Webster’s New Universal Unabridged Dictionary (Delux 2d ed. 1983) defines “reasonable” as “not immoderate; not excessive; not unjust; tolerable; moderate whereas “modest” is defined as “showing or caused by moderation; not extreme or excessive .... ” The American Heritage Dictionary, New College Edition (1982) defines “reasonable” as “not excessive or extreme; fair; moderate ...,” and “modest” is defined as “moderate; not extreme.” Since these definitions are very similar, the respondent’s use of the term “reasonable cost,” rather than “relatively modest” cost would appear to meet the fourth

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Related

Kuchenmeister v. Illinois Farmers Insurance Co.
310 N.W.2d 86 (Supreme Court of Minnesota, 1981)
League General Insurance Co. v. Tvedt
317 N.W.2d 40 (Supreme Court of Minnesota, 1982)
Maher v. All Nation Insurance Co.
340 N.W.2d 675 (Court of Appeals of Minnesota, 1983)
Hastings v. United Pacific Insurance Co.
318 N.W.2d 849 (Supreme Court of Minnesota, 1982)
Jacobson v. Illinois Farmers Insurance Co.
264 N.W.2d 804 (Supreme Court of Minnesota, 1978)
Holman v. All Nation Insurance Co.
288 N.W.2d 244 (Supreme Court of Minnesota, 1980)
Randall v. State Farm Mutual Automobile Insurance Co.
335 N.W.2d 247 (Supreme Court of Minnesota, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
356 N.W.2d 828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/squier-v-milwaukee-mutual-insurance-co-minnctapp-1984.