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BACICH v. TRANSAMERICA INSURANCE COMPANY

No. 44069.

208 N.W.2d 868 (1973)

John A. BACICH, Appellant, v. TRANSAMERICA INSURANCE COMPANY, Defendant and Third-Party Plaintiff, Respondent, v. TRI-STATE MUTUAL INSURANCE COMPANY, Third-Party Defendant.

Supreme Court of Minnesota.

June 15, 1973.

Attorney(s) appearing for the Case

Dudley, Smith & Belisle, G. William Smith, and J. C. Cottingham, St. Paul, for appellant.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and Mary Jeanne Coyne and O. C. Adamson II, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and OTIS, KELLY, and GILLESPIE, JJ.

OPINION

PER CURIAM.

The issue raised on this appeal is whether an insured has waived his statutory right to 10 days' written notice of cancellation of an oral binder for fire insurance coverage. The trial court held that the binder was not effectively canceled and we affirm.

On May 27, 1969, John Bacich, the insured, obtained from his agent, Paul Deaven, oral binders of fire insurance on property he owned at 2401-3 Washington Avenue North in Minneapolis...

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