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Miklas v. Parrott6/24/2003
of the three-year statute of limitations for bringing claims against the driver extinguishes the insured's legal right to recover from the driver, a condition precedent to Illinois Farmers' obligation to pay uninsured motorist benefits.
The district court did not err in dismissing all of Miklas's remaining claims, including those claims for uninsured-motorist benefits arising from the death of Daniel Fields.
DECISION
The district court abused its discretion by denying Illinois Farmers' motion to vacate the judgment appointing Miklas as trustee for the next-of-kin of Kathleen and Daniel Fields and approving the minor settlement that was based on Illinois Farmers' reliance on Miklas's representation that she was the duly appointed trustee. The district court did not err by dismissing Miklas's claims against Illinois Farmers for uninsured-motorist benefits when expiration of the statute of limitations for a wrongful-death action against the uninsured driver extinguished Illinois Farmers' liability for such benefits.
Affirmed in part and reversed in part.
Dated: June 17, 2003MINGE, Judge (concurring in part, dissenting in part)
I concur in the majority's resolution of the issue concerning the dismissal of the wrongful-death action on behalf of Daniel Fields. I respectfully dissent, however, from the majority's resolution of the other issue in this case, and I would affirm the district court's decision upholding the settlement with Illinois Farmers Insurance Company. Settlements are favored. See Johnson v. St. Paul Ins. Cos., 305 N.W.2d 571, 573 (Minn. 1981); Gould v. Johnson, 379 N.W.2d 643, 646 (Minn. App. 1986); Snesrud v. Elbers, 374 N.W.2d 830 (Minn. App. 1985), review denied (Minn. Dec. 19, 1985). The settlement in this proceeding was entered into by all parties in good faith and represents the basis for the appellant's obligation.
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