Preview
27-CV-24-5232
Filed in District Court
State of Minnesota
4/4/2024 10:40 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Case Type: Contract
Stephanie Larson, Court File Number:
Plaintiff,
vs. SUMMONS
Progressive Direct Insurance Company,
Defendant.
THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANT:
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The
Plaintiff’s Complaint against you is attached to this summons. Do not throw these papers away.
They are official papers that affect your rights. You must respond to this lawsuit even though it
may not yet be filed with the Court and there may be no court file number on this summons.
2. YOU MUST REPLY WITHIN 21 DAYS TO PROTECT YOUR RIGHTS. You
must give or mail to the person who signed this summons a written response called an Answer
within 21 days of the date on which you received this Summons. You must send a copy of your
Answer to the person who signed this summons located at: Keller, Woods & Thompson, P.A.,
1300 Godward Street NE, Suite 4000, Minneapolis, MN 55413.
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to
the Plaintiff’s Complaint. In your Answer you must state whether you agree or disagree with each
paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for
in the Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN
RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS.
If you do not Answer within 21 days, you will lose this case. You will not get to tell your side of
the story, and the Court may decide against you and award the Plaintiff everything asked for in the
Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to
27-CV-24-5232
Filed in District Court
State of Minnesota
4/4/2024 10:40 AM
respond. A default judgment can then be entered against you for the relief requested in the
Complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not
have a lawyer, the Court Administrator may have information about places where you can get legal
assistance. Even if you cannot get legal help, you must still provide a written Answer to
protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered
to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General
Rules of Practice. You must still send your written response to the Complaint even if you expect
to use alternative means of resolving this dispute.
KELLER, WOODS & THOMPSON, P.A.
Dated: March 20, 2024 By: /s/ Andrew P. Sherwood ___ _
Andrew P. Sherwood, 0296946
Attorney for Plaintiff
1300 Godward Street NE, Suite 4000
Minneapolis, MN 55413
(763) 571-2345
andy@woodsandthompson.com
27-CV-24-5232
Filed in District Court
State of Minnesota
4/4/2024 10:40 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Case Type: Contract
Stephanie Larson,
Court File No.
Plaintiff,
vs.
COMPLAINT
Progressive Direct Insurance Company,
Defendant.
Plaintiff, for her cause of action against Defendant, states and alleges as follows:
I.
That Plaintiff Stephanie Larson (“Plaintiff”) is and was at all times material herein a
resident of Shakopee, Minnesota.
II.
That Defendant Progressive Direct Insurance Company (“Defendant”) is and was all times
material herein, a foreign corporation duly authorized, licensed, and qualified to engage in the
business of selling automobile insurance in the County of Hennepin, State of Minnesota, and at all
times material herein, was conducting the business of selling automobile insurance in the County
of Hennepin, State of Minnesota.
III.
That on or about January 12, 2020 and at all times material herein, Plaintiff was a named
insured under an automobile insurance policy issued by Defendant (“Auto Policy”). That, at all
times material herein, Plaintiff’s Auto Policy provided, and Plaintiff paid insurance premiums for,
underinsured motorist benefits for a 2015 Subaru Forester listed in her Auto Policy Declarations
27-CV-24-5232
Filed in District Court
State of Minnesota
4/4/2024 10:40 AM
Page and pursuant to the Minnesota No-Fault Automobile Insurance Act.
IV.
That on or about January 12, 2020, Plaintiff was involved in a motor vehicle accident on
eastbound I-94 near Penn Avenue in the City of Bloomington, County of Hennepin, State of
Minnesota. On January 12, 2020, Plaintiff was a passenger in the 2015 Subaru Forester referenced
herein when Joseph W. Gilbertson, driving eastbound on I-94, collided into the back of the Subaru
Forester. Mr. Gilbertson’s negligence directly and solely caused the January 12, 2020 accident.
V.
That Progressive Direct Insurance Company offered $95,000 out of Joseph W. Gilbertson’s
per person bodily injury insurance limit of $100,000 for the January 12, 2020 accident. That on
May 23, 2023, Plaintiff preserved her underinsured motorist claim against Defendant by sending
notice of the pending $95,000 settlement for Plaintiff’s bodily injury claim against Mr. Gilbertson
and pursuant to Schmidt v. Clothier, 338 N.W.2d 256 (Minn. 1983). Defendant declined to
substitute its draft for the $95,000 bodily injury settlement thereby waiving its underinsured
motorist subrogation interest against Mr. Gilbertson.
VI.
As a direct and proximate result of the January 12, 2020 accident and Joseph W.
Gilbertson’s negligence, Plaintiff sustained permanent and severe injuries, including posttraumatic
headaches and injuries to her neck and low back, incurred non-diagnostic medical expenses
exceeding $4,000.00, and has generally satisfied the threshold requirements of Minn. Stat. §
65B.51, subd. 3. Plaintiff also has incurred past income loss, experienced past pain, disability, and
emotional distress, and will in the future incur medical expenses and income loss, and experience
future pain, disability, emotional distress, and loss of earning capacity as a direct result of the
27-CV-24-5232
Filed in District Court
State of Minnesota
4/4/2024 10:40 AM
January 12, 2020 accident and Mr. Gilbertson’s negligence. Said damages exceed Mr. Gilbertson’s
$100,000 per person bodily injury insurance limit for the January 12, 2020 accident and otherwise
entitle Plaintiff to underinsured motorist benefits under her Auto Policy with Defendant.
VII.
To date, Defendant has failed and refused to pay underinsured motorist benefits despite
Plaintiff’s payment of her automobile insurance premiums and proper demand for said benefits.
VIII.
That Plaintiff, Andrew P. Sherwood, and KELLER, WOODS & THOMPSON, P.A.,
acknowledge the Court may award to Defendant costs, disbursements, and reasonable attorney and
witness fees pursuant to Minn. Stat. § 549.211.
WHEREFORE, Plaintiff prays for judgment against Defendant in a sum exceeding fifty
thousand dollars ($50,000.00) together with prejudgment interest, costs, and disbursements herein,
along with such other and further relief as the Court deems just and equitable.
KELLER, WOODS & THOMPSON, P.A.
Dated: March 20, 2024 By: /s/ Andrew P. Sherwood
Andrew P. Sherwood, 0296946
Attorney for Plaintiff
1300 Godward Street NE
Suite 4000
Minneapolis, MN 55413
(763) 571-2345
andy@woodsandthompson.com
3
Preview
27-CV-24-5232 Filed in District Court State of Minnesota 4/4/2024 10:40 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: Contract Stephanie Larson, Court File Number: Plaintiff, vs. SUMMONS Progressive Direct Insurance Company, Defendant. THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANT: 1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is attached to this summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this summons. 2. YOU MUST REPLY WITHIN 21 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 21 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this summons located at: Keller, Woods & Thompson, P.A., 1300 Godward Street NE, Suite 4000, Minneapolis, MN 55413. 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 21 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to 27-CV-24-5232 Filed in District Court State of Minnesota 4/4/2024 10:40 AM respond. A default judgment can then be entered against you for the relief requested in the Complaint. 5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case. 6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute. KELLER, WOODS & THOMPSON, P.A. Dated: March 20, 2024 By: /s/ Andrew P. Sherwood ___ _ Andrew P. Sherwood, 0296946 Attorney for Plaintiff 1300 Godward Street NE, Suite 4000 Minneapolis, MN 55413 (763) 571-2345 andy@woodsandthompson.com 27-CV-24-5232 Filed in District Court State of Minnesota 4/4/2024 10:40 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: Contract Stephanie Larson, Court File No. Plaintiff, vs. COMPLAINT Progressive Direct Insurance Company, Defendant. Plaintiff, for her cause of action against Defendant, states and alleges as follows: I. That Plaintiff Stephanie Larson (“Plaintiff”) is and was at all times material herein a resident of Shakopee, Minnesota. II. That Defendant Progressive Direct Insurance Company (“Defendant”) is and was all times material herein, a foreign corporation duly authorized, licensed, and qualified to engage in the business of selling automobile insurance in the County of Hennepin, State of Minnesota, and at all times material herein, was conducting the business of selling automobile insurance in the County of Hennepin, State of Minnesota. III. That on or about January 12, 2020 and at all times material herein, Plaintiff was a named insured under an automobile insurance policy issued by Defendant (“Auto Policy”). That, at all times material herein, Plaintiff’s Auto Policy provided, and Plaintiff paid insurance premiums for, underinsured motorist benefits for a 2015 Subaru Forester listed in her Auto Policy Declarations 27-CV-24-5232 Filed in District Court State of Minnesota 4/4/2024 10:40 AM Page and pursuant to the Minnesota No-Fault Automobile Insurance Act. IV. That on or about January 12, 2020, Plaintiff was involved in a motor vehicle accident on eastbound I-94 near Penn Avenue in the City of Bloomington, County of Hennepin, State of Minnesota. On January 12, 2020, Plaintiff was a passenger in the 2015 Subaru Forester referenced herein when Joseph W. Gilbertson, driving eastbound on I-94, collided into the back of the Subaru Forester. Mr. Gilbertson’s negligence directly and solely caused the January 12, 2020 accident. V. That Progressive Direct Insurance Company offered $95,000 out of Joseph W. Gilbertson’s per person bodily injury insurance limit of $100,000 for the January 12, 2020 accident. That on May 23, 2023, Plaintiff preserved her underinsured motorist claim against Defendant by sending notice of the pending $95,000 settlement for Plaintiff’s bodily injury claim against Mr. Gilbertson and pursuant to Schmidt v. Clothier, 338 N.W.2d 256 (Minn. 1983). Defendant declined to substitute its draft for the $95,000 bodily injury settlement thereby waiving its underinsured motorist subrogation interest against Mr. Gilbertson. VI. As a direct and proximate result of the January 12, 2020 accident and Joseph W. Gilbertson’s negligence, Plaintiff sustained permanent and severe injuries, including posttraumatic headaches and injuries to her neck and low back, incurred non-diagnostic medical expenses exceeding $4,000.00, and has generally satisfied the threshold requirements of Minn. Stat. § 65B.51, subd. 3. Plaintiff also has incurred past income loss, experienced past pain, disability, and emotional distress, and will in the future incur medical expenses and income loss, and experience future pain, disability, emotional distress, and loss of earning capacity as a direct result of the 27-CV-24-5232 Filed in District Court State of Minnesota 4/4/2024 10:40 AM January 12, 2020 accident and Mr. Gilbertson’s negligence. Said damages exceed Mr. Gilbertson’s $100,000 per person bodily injury insurance limit for the January 12, 2020 accident and otherwise entitle Plaintiff to underinsured motorist benefits under her Auto Policy with Defendant. VII. To date, Defendant has failed and refused to pay underinsured motorist benefits despite Plaintiff’s payment of her automobile insurance premiums and proper demand for said benefits. VIII. That Plaintiff, Andrew P. Sherwood, and KELLER, WOODS & THOMPSON, P.A., acknowledge the Court may award to Defendant costs, disbursements, and reasonable attorney and witness fees pursuant to Minn. Stat. § 549.211. WHEREFORE, Plaintiff prays for judgment against Defendant in a sum exceeding fifty thousand dollars ($50,000.00) together with prejudgment interest, costs, and disbursements herein, along with such other and further relief as the Court deems just and equitable. KELLER, WOODS & THOMPSON, P.A. Dated: March 20, 2024 By: /s/ Andrew P. Sherwood Andrew P. Sherwood, 0296946 Attorney for Plaintiff 1300 Godward Street NE Suite 4000 Minneapolis, MN 55413 (763) 571-2345 andy@woodsandthompson.com 3