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LEPPLA v. AMERICAN FAMILY INS. GROUP

Nos. 45322, 45362.

238 N.W.2d 592 (1976)

Howard LEPPLA, as Trustee for the Wrongful Death of Barbara Leppla, Deceased, Respondent-Appellant, v. AMERICAN FAMILY INSURANCE GROUP, Appellant-Respondent.

Supreme Court of Minnesota.

January 9, 1976.

Attorney(s) appearing for the Case

Peterson, Bell & Converse, Willard L. Converse and Martin J. Costello, St. Paul, for defendant.

Schermer, Schwappach, Borkon & Ramstead, Irvin E. Schermer and Richard I. Diamond, Minneapolis, for plaintiff.

Heard before PETERSON, KELLY and MacLAUGHLIN, JJ., and considered and decided by the court en banc.

MacLAUGHLIN, Justice.

Plaintiff's daughter, Barbara Leppla, died as a result of an accident while riding as a passenger in an automobile operated by defendant's insured, David L. Roehler. In an action to recover damages for wrongful death, plaintiff obtained a $10,000 stipulated default judgment against Roehler. Plaintiff then brought suit against defendant, American Family Insurance Group, for the $10,000 judgment, plus punitive damages. Defendant denied liability...

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