THIRY v. HORACE MANN MUT. INS. CO.

No. 47948.

269 N.W.2d 66 (1978)

Richard THIRY, as Trustee for the Heirs and Next of Kin of Kimberly Thiry, Appellant, v. HORACE MANN MUTUAL INSURANCE COMPANY, Respondent.

Supreme Court of Minnesota.

July 21, 1978.


Attorney(s) appearing for the Case

Fredrikson, Byron, Colborn, Bisbee & Hansen, and John A. Satorius, Minneapolis, for appellant.

Taylor Law Firm, and Elmer W. Foster, Jr., Minneapolis, for respondent.

Heard before ROGOSHESKE, KELLY, and IRVINE, JJ., and considered and decided by the court en banc.


L. J. IRVINE, Justice.*

This is an action for a declaratory judgment in which plaintiff seeks to establish his right to recover under the "underinsured-motorist" coverage of his policy of automobile insurance with defendant. From the order of the district court denying his motion for summary judgment and granting the motion of defendant to dismiss the complaint on the ground that the action was premature and does not state facts upon which...

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