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MINNESOTA MUTUAL FIRE AND CASUALTY CO. v. BENSON

No. 42900.

195 N.W.2d 446 (1972)

MINNESOTA MUTUAL FIRE AND CASUALTY COMPANY, Respondent, v. Orville S. BENSON, Appellant.

Supreme Court of Minnesota.

February 18, 1972.

Attorney(s) appearing for the Case

Baudler & Baudler, Austin, for appellant.

Ross M. Muir, Rochester, for respondent.

Heard before KNUTSON, C. J., and MURPHY, KELLY, and HACHEY, JJ.

OPINION

KELLY, Justice.

In district court plaintiff insurer, Minnesota Mutual Fire and Casualty Company, prevailed in a declaratory-judgment action which determined that the insurance policy in question specifically excluded coverage for an action to recover for death by wrongful act which had been instituted by the trustee of insured's wife. Orville Benson, the defendant-insured, appeals from the declaratory judgment, which ruled that his defense in the...

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