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STATE OF MINNESOTA IN COURT OF APPEALS A06-2445 Patricia A. Frey, as trustee for the heirs and next of kin of Stephen J. Frey, and Aven Frey, et al., Respondents, vs. United Services Automobile Association, et al., Appellants. Filed January 8, 2008 Affirmed Minge, Judge Concurring specially, Stoneburner, Judge Dissenting, Halbrooks, Judge Hennepin County District Court File No. 27-CV-05-013544 Timothy P. McCarthy, Jeffrey D. Bores, Chestnut & Cambronne, P.A., 3700 Campbell Mithun Tower, 222 South Ninth Street, Minneapolis, MN 55402 (for respondents) Robert W. Kettering, Jr., Douglas D. McGhee, Arthur, Chapman, Kettering, Smetak & Pikala, PA, 500 Young Quinlan Building, 81 South Eighth Street, Minneapolis, MN 55402 (for appellants) Considered and decided by Halbrooks, Presiding Judge; Stoneburner, Judge; and Minge, Judge . SYLLABUS Drop-down automobile insurance policy provisions that reduce bodily-injury coverage for resident family members to the minimum statutory amount are valid and enforceable.

OPINION MINGE, Judge Appellant insurer challenges the district court summary judgment determination that reduced-liability (drop-down) limit provisions in automobile insurance coverage for resident family members is ambiguous, unenforceable, and inapplicable to respondent claimant. Although we agree with appellant that the drop-down limit for resident family members are enforceable, we conclude that the drop-down limit set forth in this policy does not apply to respondent. Accordingly, we affirm. FACTS On November 27, 2004, seventeen-year old appellant Nathan Frey was involved in a one-vehicle accident while driving on Interstate 35 in Lakeville. The passengers in the car were Nathan's father (Stephen Frey), Nathan's mother (Patricia Frey), Nathan's sister (Aven Frey), and Aven's fianc

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Minnesota Law