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Jacobson v. Universal Underwriters Insurance Group6/25/2002
Appellant argues that the district court erred in granting summary judgment for respondents by finding, as a matter of law that arbitration of respondent's underinsured motorist benefits claim should occur in Minnesota and Minnesota law should apply to the claim. Because we conclude that decedent was living in Hennepin County, Minnesota, at the time of the accident, appellant knew that Minnesota law could apply to its policy, and Minnesota has significant ties to the claim, we affirm.
FACTS
Appellant Universal Underwriters Insurance Company (Universal) issued an insurance policy to respondents Kirk and Karen Jacobson, effective from 1 October 1999 to 1 October 2000. The policy's named insureds included respondents and their son, Adam Jacobson. Respondents live in Gowrie, Iowa, where Adam Jacobson was born and raised.
On 18 May 2000, Adam Jacobson, while a passenger in a friend's car, was killed in a car accident in Hennepin County. At that time, decedent was attending his second year of automobile mechanic classes at Dunwoody Institute in Minneapolis and was approximately a month from graduation. He had rented an apartment in Hopkins and had worked as a clerk at Glenn's Convenience Store in Minnetonka. But he maintained an Iowa driver's license and six days before his death had arranged to have his mail sent to Gowrie, Iowa, upon his graduation from Dunwoody.
Respondents settled a wrongful death tort suit against the driver of the car, collecting the insurance policy limits. In the spring of 2001, respondents sought underinsured motorist benefits from Universal. The parties agree that the policy provides coverage for underinsured benefits. The policy also allows for arbitration of underinsured motorist benefits claims in certain circumstances:
With respect to BODILY INJURY , if WE and an INSURED can't agree whether the INSURED is legally entitled to recover DAMAGES from the owner or driver of an UNINSURED MOTOR VEHICLE or do not agree as to the amount of DAMAGES, either party may make a written demand for arbitration.
Unless both parties agree otherwise, arbitration will take place in the county in which the INSURED lives. Local rules of law as to arbitration procedure and evidence will apply.
Respondents made written demand for arbitration to take place in Hennepin County; Universal insisted that arbitration occur in Iowa. The parties filed cross-motions for summary judgment on the issue of arbitration venue and whether Minnesota or Iowa law should apply to the claim. On 25 October 2001, the district court granted summary judgment to respondents directing that arbitration be held in Hennepin County. This appeal followed.
ISSUES
1. Did the district court correctly hold that arbitration should occur in Hennepin County?
2. Did the district court correctly find that Minnesota law should govern the arbitration claim?
ANALYSIS
On an appeal from summary judgment, we ask whether there are any genuine issues of material fact and whether the lower courts erred in their application of the law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn. 1990). " he reviewing court must view the evidence in the light most favorable to the party against whom judgment was granted." Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993) (citation omitted).
1. Venue
The district court granted respondents' motion for summary judgment, holding that arbitration should occur in Hennepin County and noting that " he plain reading and intent of the policy requires that [decedent] be living in the county where arbitration should occur." The interpreta
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