A11-1520, Garlyn, Inc., d/b/a Polzin Glass, Respondent, vs. Auto-Owners Insurance Company, Appellant.

State: Minnesota

Docket No: A11-1520

Case Date: 03/26/2012

Preview:STATE OF MINNESOTA IN COURT OF APPEALS A11-1520 Garlyn, Inc., d/b/a Polzin Glass, Respondent, vs. Auto-Owners Insurance Company, Appellant. Filed March 26, 2012 Affirmed in part and reversed in part Stoneburner, Judge Hennepin County District Court File No. 27CV0929006 Charles J. Lloyd, Rachael J. Abrahamson, Kristine M. Kerig, Livgard & Rabuse, P.L.L.P., Minneapolis, Minnesota (for respondent) William A. Moeller, Kevin A. Velasquez, Blethen, Gage & Krause, P.L.L.P., Mankato, Minnesota (for appellant) Considered and decided by Klaphake, Presiding Judge; Stoneburner, Judge; and Cleary, Judge. SYLLABUS 1. The determination of whether amounts billed and amounts paid for auto-

glass repair or replacement constitutes "the necessary cost, at local prices, to repair or replace the property or damaged parts with material of similar kind and quality" is a question of fact to be conclusively determined by the arbitrator. 2. The amount of the award on each individual claim, rather than the award

representing the total of such awards made in an arbitration of consolidated individual

claims, determines eligibility for preaward interest under Minn. Stat.

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