MILBANK MUTUAL INSURANCE COMPANY v. BISS

Nos. 40584, 40603 and 40640.

161 N.W.2d 622 (1968)

MILBANK MUTUAL INSURANCE COMPANY, Appellant, v. Walter BISS, Wayne Biss, Wesley Lilleboe and F. V. Lilleboe, Respondents, Austin-St. Paul Mutual Insurance Companies, Appellant.

Supreme Court of Minnesota.

Rehearing Denied September 24, 1968.


Attorney(s) appearing for the Case

Rufer, Blatti, Hefte & Pemberton, Fergus Falls, for Milbank.

Garrity, Cahill, Gunhus, Streed & Grinnell, Moorhead, for Austin.

Winter, Lundquist & Sherwood and Donald B. Pederson, Wheaton, for Biss.

I. L. Swanson, Elbow Lake, for Lilleboe.


OPINION

OTIS, Justice.

This is a declaratory judgment action between two liability carriers to determine whether either or both are obliged to defend a policyholder against whom an action has been brought for personal injuries resulting from an automobile accident which occurred on the insured's farm premises. The Milbank Mutual Insurance Company policy insures against automobile liability but excludes employees of the insured. The Austin-St. Paul Mutual...

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