Demitrius Verros v. State Farm Mutual Automobile Insurance Co.
Syllabus
In an action by an insured against an underinsured-motorist (UIM) insurer for UIM benefits, Minnesota Rule of Civil Procedure 8.03 does not require the insurer to assert, as an affirmative defense, a request to reduce damages by the amount of money that the insured has recovered pursuant to the UIM tortfeasor's insurance policy. Affirmed in part and remanded.
Opinion Excerpt
STATE OF MINNESOTA IN COURT OF APPEALS A24-0743 Demitrius Verros, Appellant, vs. State Farm Mutual Automobile Insurance Co., Respondent. Filed September 2, 2025