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COMFORT HOMES, INC., v. AUTO-OWNERS INSURANCE CO.

No. 48277.

277 N.W.2d 394 (1979)

COMFORT HOMES, INC., Appellant, v. AUTO-OWNERS INSURANCE CO., Respondent.

Supreme Court of Minnesota.

March 30, 1979.

Attorney(s) appearing for the Case

Gary A. Flatten, Bloomington, for appellant.

Reding & Votel, Terrance W. Votel, James A. Reding, St. Paul, for respondent.

Heard by SHERAN, C. J., and PETERSON and WAHL, JJ., and considered and decided by the court en banc.

SHERAN, Chief Justice.

On January 21, 1976, a mobile home owned by Comfort Homes, Inc., a mobile home dealer, and located on a lot in Mendota, Minnesota, was destroyed by fire. At the time of the loss it was occupied as a residence by Joyce Wharton and her four daughters at a rental of $246 per month. The unit was for sale during Joyce Wharton's residence in it, but no affirmative efforts were made to sell it during her residency which commenced about December 15...

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