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WASCHE v. MILBANK MUT. INS. CO.

Nos. 48051, 48534.

268 N.W.2d 913 (1978)

Ralph WASCHE, Personal Representative of the Estate of Crescentia Grace Wasche, a.k.a. Grace Wasche, Deceased, Respondent, v. MILBANK MUTUAL INSURANCE COMPANY, Appellant. Clark Edward BOCK, Respondent, v. MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Appellant.

Supreme Court of Minnesota.

June 30, 1978.

Attorney(s) appearing for the Case

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, Rider, Bennett, Egan & Arundel, and William George, Minneapolis, for amicus Mut. Service Cas. Ins. Co.

Rischmiller, Wasche & Knippel, Minneapolis, Minnesota Trial Lawyers Assn., James Schwebel and Gregory Joseph, Minneapolis, for amicus curiae.

Rider, Bennett, Egan & Arundel, William George and Richard Nygaard, Minneapolis, for appellant in No. 48051.

James Schwebel and Gregory Joseph, Minneapolis, for respondent in No. 48051.

Heard before ROGOSHESKE, YETKA and SCOTT, JJ., and considered and decided by the court en banc.

ROGOSHESKE, Justice.

In each of these consolidated appeals, defendant insurance companies appeal from a summary judgment for the insured or insured's representative in which the trial court "stacked" the maximum coverages for no-fault basic economic loss benefits under each of two applicable insurance policies permitting the insured to recover such no-fault benefits to the extent of actual losses up to the combined policy limits of both policies. In each case, the...

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