Larson v. Nationwide Agribusiness Ins., No. 13-1289 (8th Cir. 2014)
Annotate this CasePlaintiff appealed the district court's adverse grant of summary judgment respecting the timeliness of his lawsuit against Nationwide seeking coverage under plaintiff's employer's underinsured motorist (UIM) policy with Nationwide. In Minnesota, the plain language of an unambiguous insurance policy controls its legal effect, whereas an ambiguous policy term is construed strictly against the insurer. In this instance, the policy plainly required plaintiff to have filed his action in a court of competent jurisdiction within two years of the underlying accident, a condition which was not satisfied here. Accordingly, the court affirmed the judgment of the district court.
Court Description: Civil case - Insurance. The insurance policy in question plainly required plaintiff to have filed his action in a court of competent jurisdiction within two years of the underlying accident, a condition not satisfied here, and the district court did not err in granting defendant's motion for summary judgment.
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