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AMERICAN SURETY CO. v. STATE FARM MUT. AUTO. INS. CO.

No. 39971.

142 N.W.2d 304 (1966)

AMERICAN SURETY COMPANY, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

Supreme Court of Minnesota.

April 29, 1966.

Attorney(s) appearing for the Case

Palmer, Hood, Crassweller & McCarthy, Duluth, for appellant.

Hultstrand, Abate & Wivoda, Hibbing, for respondent.

THOMAS GALLAGHER, Justice.

Action by American Surety Company, primary liability insurer of the driver of an automobile involved in an accident, against State Farm Mutual Automobile Insurance Company, excess liability insurer of such driver, to recover one-half of plaintiff's attorney's fees and expenses in defending an action against the driver for damages arising out of the accident.

Shortly after the original action was instituted, plaintiff notified defendant...

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