WESTERN NAT. MUT. INS. v. U. S. FIRE INS. CO.

No. 47752.

269 N.W.2d 34 (1978)

WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Respondent, v. UNITED STATES FIRE INSURANCE COMPANY, Appellant, Pamela J. Kost, et al., Defendants.

Supreme Court of Minnesota.

July 14, 1978.


Attorney(s) appearing for the Case

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for appellant.

Gislason & Martin, Edina, for respondent.

Heard before KELLY, SCOTT and WAHL, JJ., and considered and decided by the court en banc.


SCOTT, Justice.

This is an appeal by United States Fire Insurance Company (U. S. Fire)1 from an order denying its post-trial motion and from the judgment entered in a declaratory judgment action brought by Western National Mutual Insurance Company (Western) to determine the obligations of each insurer under two automobile liability insurance policies. We reverse.

On November 9, 1974,...

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