Hauer v. Integrity Mut. Ins. Co., 352 N.W.2d 406 (Minn. 1984). · Go Syfert
Hauer v. Integrity Mut. Ins. Co., 352 N.W.2d 406 (Minn. 1984). Cases Citing This Book View Copy Cite
37 citation events (3 in the last 25 years) across 6 distinct courts.
Strongest positive: Cantu v. Atlanta Casualty Companies (minnctapp, 1995-07-27)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Cantu v. Atlanta Casualty Companies (4×) also: Cited as authority (rule)
Minn. Ct. App. · 1995 · quote attribution · 2 verbatim quotes · confidence high
to hold otherwise would subject an insurer to potential liability some 5 or 10 years after the legislature expressly repealed the mandatory offer provision.
cited Cited as authority (rule) O'Connor v. The Lincoln National Life Insurance Company
E.D. Va. · 2024 · confidence medium
Co., 352 N.W.2d 406, 408 (Minn. 1984)).
cited Cited as authority (rule) Dallenbach v. Standard Insurance Company
D. Nev. · 2020 · confidence medium
Ins. 5 Co., 352 N.W.2d 406, 408 (Minn. 1984); Lessard v. Milwaukee Ins.
discussed Cited as authority (rule) Hertz Corp. v. State Farm Mutual Insurance Co. (2×)
Minn. · 1998 · confidence medium
Co., 352 N.W.2d 406, 408 (Minn. 1984).
cited Cited as authority (rule) Eiynk v. Sabrowsky
Minn. Ct. App. · 1994 · confidence medium
Co., 352 N.W.2d 406, 408 (Minn.1984); see also Nelson v. American Reliable Ins.
cited Cited as authority (rule) Lessard v. Milwaukee Insurance Co.
Minn. Ct. App. · 1993 · confidence medium
Co., 352 N.W.2d 406, 408 (Minn.1984).
cited Cited as authority (rule) Neuman v. State Farm Mutual Automobile Insurance Co.
Minn. Ct. App. · 1992 · confidence medium
Co., 352 N.W.2d 406, 408 (Minn.1984).
cited Cited as authority (rule) AMCO Insurance Co. v. Lang
Minn. · 1988 · confidence medium
Co., 352 N.W.2d 406, 408 (Minn.1984) (underinsured motorist coverage will not be read into policies renewed after date of repeal of mandatory offer).
discussed Cited as authority (rule) Cerro Gordo Charity, an Iowa Non-Profit Corporation and Attorney General of the State of Minnesota v. Fireman's Fund American Life Insurance Company, a California Insurance Corporation, and American National Bank & Trust Co., Personal Representative of the Estate of May v. Wilson. Appeal of Leonard J. Richards (Non-Party). Cerro Gordo Charity, an Iowa Non-Profit Corporation and Attorney General of the State of Minnesota v. North American Life and Casualty Company, and American National Bank & Trust Co., Personal Representative of the Estate of May v. Wilson. Appeal of Leonard J. Richards (Non-Party)
8th Cir. · 1987 · confidence medium
Co., 352 N.W.2d 406, 408 (Minn.1984), wherein the Minnesota Supreme Court stated that "upon renewal an entirely new and independent contract of insurance is created." Defendant companies argue that since renewal of the policy creates an entirely new contract, then the time of last renewal is the time when the insurance should be considered to have been procured. 71 Cerro Gordo distinguishes Hauer by saying that the case does not apply when the policy is automatically renewable at the option of the insured.
discussed Cited as authority (rule) Cerro Gordo Charity v. Fireman's Fund American Life Insurance
8th Cir. · 1987 · confidence medium
Co., 352 N.W.2d 406, 408 (Minn.1984), wherein the Minnesota Supreme Court stated that “upon renewal an entirely new and independent contract of insurance is created.” Defendant companies argue that since renewal of the policy creates an entirely new contract, then the time of last renewal is the time when the insurance should be considered to have been procured.
cited Cited as authority (rule) Jordan v. State Farm Mutual Automobile Insurance Co.
Minn. Ct. App. · 1987 · confidence medium
Id. at 409 (footnote omitted; emphasis added).
cited Cited as authority (rule) Johnson v. Urie
Minn. Ct. App. · 1986 · confidence medium
Hauer v. Integrity Mutual Insurance Co., 352 N.W.2d 406, 409 (Minn.1984).
discussed Cited as authority (rule) Safeco Insurance Co. v. Lindberg
Minn. · 1986 · confidence medium
Safeco relies on Hauer v. Integrity Mutual Insurance Co., 352 N.W.2d 406, 408 (Minn.1984), where we said, “[T]he general rule is that upon each renewal an entirely new and independent contract of insurance is created and is governed by the laws in effect on the date of the renewal,” citing Taylor v. American National Insurance Co., 264 Minn. 21 , 117 N.W.2d 408 (1962), and Steele v. Great Eastern Casualty & Indemnity Co., 158 Minn. 160 , 197 N.W. 101 (1924).
cited Cited "see, e.g." Amer. Fam. Ins. v. Metro. Transit Com'n
Minn. Ct. App. · 1988 · signal: see also · confidence medium
See also Hauer v. Integrity Mutual Insurance Co., 352 N.W.2d 406, 408 (Minn.1984) (underinsured motorist coverage will not be read into policies renewed after date of repeal of mandatory offer).
cited Cited "see, e.g." American Family Insurance v. Metropolitan Transit Commission
Minn. Ct. App. · 1988 · signal: see also · confidence medium
See also Hauer v. Integrity Mutual Insurance Co., 352 N.W.2d 406, 408 (Minn.1984) (underinsured motorist coverage will not be read into policies renewed after date of repeal of mandatory offer).
cited Cited "see, e.g." Eisenschenk v. Millers' Mutual Insurance Ass'n of Illinois
Minn. Ct. App. · 1984 · signal: see also · confidence low
Meyer is controlled by Holman ; see also Eugene Hauer, as trustee for the heirs of Jeffrey Lawrence Hauer, deceased, 352 N.W.2d 406 (Minn., 1984).
Retrieving the full opinion text from the archive…
Eugene HAUER, as Trustee for the Heirs of Jeffery Lawrence Hauer, Deceased, Respondent,
v.
INTEGRITY MUTUAL INSURANCE COMPANY, Appellant
C6-83-891.
Supreme Court of Minnesota.
Aug 3, 1984.
352 N.W.2d 406
Leon R. Erstad, Minneapolis, for appellant., Diane C. Hanson, Minneapolis, for respondent., Eric J. Magnuson, Jeanne H. Unger, Mary W. Mason, Minneapolis, amicus curiae for Illinois Farmers Ins. Co.
Peterson.
Cited by 26 opinions  |  Published
PETERSON, Justice.

On May 30, 1981, Jeffery Hauer was fatally injured in an automobile accident when the vehicle he was driving collided with an underinsured vehicle. Plaintiff, Eugene Hauer, Jeffery’s father, was insured by defendant, Integrity Mutual Insurance Company (Integrity). Hauer first purchased automobile insurance from Integrity in November 1965. Between 1965 and 1980, Hauer renewed his policy every 6 months without change. The policy did not provide underinsured motorist coverage.

Hauer brought an action for declaratory judgment in Hennepin County District Court to have underinsured motorist coverage read into his insurance contract in effect on May 30, 1981. On cross-motions for summary judgment the trial court granted Hauer’s motion, ruling that, notwithstanding legislative repeal of the mandatory requirement that insurers offer underinsured coverage to their policyholders, the Minnesota General Savings Clause, Minn.Stat. § 645.35 (1982) (savings clause), [1] preserved Hauer’s continuing right to have underinsured motorist coverage judicially read into his policy because Integrity had breached its duty to offer Hauer such coverage. Integrity appeals, and we reverse.

The Minnesota Legislature, effective January 1, 1975, made mandatory the requirement that insurers offer underinsured motorist coverage to all policyholders. See Act of April 11, 1974, ch. 408, § 9, 1974 Minn.Laws 762, 773-774 (codified as Minn. Stat. § 65B.49, subd. 6(e) (1974)). [2] Earlier[*408] in 1972, when the legislature first made underinsured motorist coverage available (see Minn.Stat. § 65B.26(d) (1971)), Integrity mailed an announcement regarding the availability of such coverage to all of its Minnesota policyholders, including Hauer. Integrity does not challenge the trial court’s finding that the 1972 mailing did not satisfy the announcement requirements set forth in Holman v. All Nation Insurance Co., 288 N.W.2d 244 (Minn.1980); Kuchenmeister v. Illinois Farmers Insurance Co., 310 N.W.2d 86 (Minn.1981); and League General Insurance Co. v. Tvedt, 317 N.W.2d 40 (Minn.1982).

In 1980, in response to Holman v. All Nation Insurance Co., the legislature repealed Minn.Stat. 65B.45, subd. 6 (effective April 12, 1980), eliminating the mandatory requirement that insurers offer underin-sured coverage to their policyholders. See Act of April 11, 1980, ch. 539, § 7, 1980 Minn.Laws 700, 702. After repeal of the mandatory requirement, Hauer renewed his automobile insurance policy on May 10 and November 10, 1980, and May 10, 1981. On May 31, 1981, his son died from injuries received in an automobile accident that occurred the day before.

The sole issue on appeal is whether underinsured motorist coverage should be judicially read into Hauer’s insurance policy, which was renewed after the effective date of repeal of the mandatory offer provision, Minn.Stat. § 65B.49, subd. 6 (1978).

In Minnesota the general rule is that upon each renewal an entirely new and independent contract of insurance is created and is governed by the laws in effect on the date of renewal. See Taylor v. American National Ins. Co., 264 Minn. 21, 117 N.W.2d 408 (1962); Steele v. Great Eastern Casualty & Indemnity Co., 158 Minn. 160, 197 N.W. 101 (1924). See also 18 Couch on Insurance, § 68:65 n. 3 at 69 (rev.ed.1983). In Taylor we stated; “On each reinstatement or renewal of policies, any statutes or amendments pertaining to such policies and enacted after their issuance are incorporated into the new policies.” 264 Minn. at 25, 117 N.W.2d at 411. [3]

In the instant case, the trial court rejected the general rule and applied the savings clause to construe the renewed policy as a continuing policy with the result that renewal of Hauer’s policy after repeal of the mandatory requirement provision did not extinguish Integrity’s duty to offer under-insured coverage. The trial court accordingly ruled that Hauer’s right under Holman to have such coverage judicially read into his policy continued to the time of the accident.

We hold, in agreement with Integrity, that because Hauer renewed his policy after repeal of the mandatory offer provision, and before the accident, the savings clause is inapplicable, and the general renewal rule should control. Any right of Hauer to have underinsured motorist coverage read into his policy was merely an inchoate right which failed to ripen prior to renewal. To hold otherwise would subject an insurer to potential liability some 5 or 10 years after the legislature expressly repealed the mandatory offer provision.

[*409] Holman and its progeny have judicially read underinsured motorist coverage into insurance contracts where legally insufficient offers were made as a remedy to enforce the insurer’s legislatively imposed obligation to offer such coverage. However, since the legislature has now eliminated that obligation, underinsured motorist coverage will not be read into new policies purchased or existing policies renewed after April 12, 1980, the date of repeal. [4]

Reversed.

1

. Minn.Stat. § 645.35 (1982) provides:

The repeal of any law shall not affect any right accrued, any duty imposed, any penalty incurred, or any proceeding commenced, under or by virtue of the law repealed. Any civil suit, action, or proceeding pending to enforce any right under the authority of the law repealed shall and may be proceeded with and concluded under the laws in existence when the suit, action, or proceeding was instituted, notwithstanding the repeal of such laws; or the same may be proceeded with and concluded under the provisions of the new law, if any, enacted.
2

. Minn.Stat. § 65B.49, subd. 6 (1974) provides in pertinent part:

Subd. 6. * * * Reparation obligors shall offer the following optional coverages in addition to compulsory coverages:
[*408]
(e) Underinsured motorist coverage offered in an amount at least equal to the insured’s residual liability limits and also at lower limits which the insured may select, whereby the reparation obligor agrees to pay damages the insured is legally entitled to recover on account of a motor vehicle accident but which are uncompensated because the total damages exceed the residual bodily injury liability limit of the owner of the other vehicle. The reparation obligor is subrogated to any amounts it pays and upon payment has an assignment of the judgment if any against the other person to the extent of the money it pays; * * *.
Id.
3

. Accord Thieme v. Union Labor Life Insurance Co., 12 Ill.App.2d 110, 138 N.E.2d 857 (1956) (a contract of annually renewable insurance forms a new contract at each renewal for the purpose of incorporating into the contract the statutory provisions enacted after the creation of the original contract relationship); State Farm Mutual Auto Insurance Co. v. Pierce, 182 Neb. 805, 157 N.W.2d 399 (1968) (generally, a renewal contract is subject to the laws in force at the time it is effected).

4

. Our holding does not affect insurance policies in effect on April 12, 1980, where underinsured motorist coverage was not properly offered and where the policy was not renewed prior to an accident. In such cases, renewal is not an issue, and the savings clause would operate to preserve an insured’s right under Holman to have underinsured motorist coverage read into the policy.