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STATE FARM MUTUAL AUTOMOBILE INS. CO. v. DELLWO

No. 44391.

220 N.W.2d 367 (1974)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY OF BLOOMINGTON, ILLINOIS, Respondent, v. Marjorie Jean DELLWO, Special Administratrix of the Estate of Steven Patrick Dellwo, Deceased, et al., Respondents, William A. Johnson, Appellant, Raymond K. Sheeley, as Father and Natural Guardian of Robin T. Sheeley, et al., Respondents.

Supreme Court of Minnesota.

July 19, 1974.

Attorney(s) appearing for the Case

Smith & Persian, and Donald K. Smith, Rider, Bennett, Egan, Johnson & Arundel, and Chester D. Johnson, Minneapolis, for appellant.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, and O. C. Adamson II, Mary Jeanne Coyne, and Robert M. Frisbee, Minneapolis, for State Farm Mutual.

MacGibbon & Danforth, Elk River, for Dellwo.

Robins, Davis & Lyons, Minneapolis, for Sheeley.

Heard before SHERAN, C.J., and TODD, MacLAUGHLIN, and McRAE, JJ., and considered and decided by the court.

MacLAUGHLIN, Justice.

Plaintiff, State Farm Mutual Automobile Insurance Company, brought a declaratory judgment action seeking a determination that a policy of automobile liability insurance issued by it to one Raymond K. Sheeley did not apply to claims arising out of a collision on July 25, 1971, involving Sheeley's motor vehicle and one driven by defendant William A. Johnson, because Sheeley's vehicle was being operated at the time of the accident without his consent...

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