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.