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BANKERS STANDARD INS. CO. v. OLWELL

No. 51213.

309 N.W.2d 799 (1981)

BANKERS STANDARD INSURANCE COMPANY, Appellant, v. Wanda OLWELL, et al., Respondents, Jenny Leajcher, Respondent, Larry E. Walters, et al., defendants and third party plaintiffs, Respondents, Holmbeck & Associates, Inc., third party defendant, Respondent.

Supreme Court of Minnesota.

September 4, 1981.

Attorney(s) appearing for the Case

Dean K. Johnson, Bloomington, for appellant.

Wayne Hergott, Minneapolis, for Olwell, et al.

J. W. Cragg, Minneapolis, for Leajcher.

Trygve A. Egge, Minneapolis, for Walters, et al.

James Goetteman, Minneapolis, for Holmbeck & Associates, Inc.

Considered and decided by the court en banc without oral argument.

AMDAHL, Justice.

This is an appeal from an order of the district court granting defendants' motion for summary judgment. We affirm.

The facts are not in dispute. Defendants Walters owned and occupied with their four children, ages 17, 14, 12 and 10, a home in Brooklyn Park, Minnesota, and were insured under a homeowners insurance policy issued by Bankers Standard Insurance Company (Bankers).

The Walters regularly provided day care at their home each...

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