FISCHER v. FARMERS INSURANCE EXCHANGE

No. 44484.

224 N.W.2d 136 (1974)

Harold P. FISCHER, Appellant, v. FARMERS INSURANCE EXCHANGE, Respondent.

Supreme Court of Minnesota.

November 15, 1974.


Attorney(s) appearing for the Case

Schermer, Schwappach, Borkon & Ramstead and William Seltz and Richard I. Diamond, Minneapolis, for appellant.

Rider, Bennett, Egan, Johnson & Arundel and David F. Fitzgerald and Richard H. Krochock, Minneapolis, for respondent.

Heard before KELLY, SCOTT and McRAE, JJ., and reconsidered and decided by the court en banc.


KELLY, Justice.

This is a declaratory judgment suit, brought after the commencement of a personal injury action, in which plaintiff seeks to establish that the tortfeasor was an "uninsured motorist" within the meaning of plaintiff's own insurance policy by virtue of the insolvency of the tortfeasor's liability carrier. The matter was tried without a jury, and plaintiff appeals from the judgment entered against him. We reverse.

On February 27, 1965, plaintiff...

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