(dissenting).
I would reverse for a new trial. State Farm introduced Roger Short’s testimony which indicated that the issue of where Steven Short was living never arose when the insurance policies were renewed. This supports State Farm’s theory of the case that Steven Short was not considered when his parents contracted for the renewal of their insurance policies. State Farm is entitled to have the jury consider this evidence in determining the residency issue. See Sandhofer v. Abbott-Northwestern Hospital, 283 N.W.2d 362, 367 (Minn.1979). The trial court’s jury instructions, therefore, erroneously omitted the portion of the third Pamperin factor which requires the jury’s consideration of whether it is reasonable to conclude that the parties would consider the relationship in contracting for insurance. See Fireman’s Insurance Co. of Newark, New Jersey v. Viktora, 318 N.W.2d 704, 706 (Minn.1982). This substantially prejudiced State Farm’s case. See Lindstrom v. Yellow Taxi Co. of Minneapolis, 298 Minn. 224, 229, 214 N.W.2d 672, 676 (1974). The jury instructions failed to convey to the jury a clear and correct understanding of the law of the case. Alholm v. Wilt, 394 N.W.2d 488, 490 (Minn.1986) (quoting Barnes v. Northwest Airlines, 233 Minn. 410, 421, 47 N.W.2d 180, 187 (1961)).
For these reasons, I respectfully dissent.