NESHEIM v. IOWA MUT. INS. CO.

No. 51017.

305 N.W.2d 320 (1981)

William Charles NESHEIM et al., Respondents, v. IOWA MUTUAL INSURANCE CO., Appellant.

Supreme Court of Minnesota.

May 8, 1981.


Attorney(s) appearing for the Case

Green, Merrigan, Johnson & Quayle, Minneapolis, for appellant.

Robins, Davis & Lyons, Minneapolis, for respondents.

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


OTIS, Justice.

This appeal presents the narrow question of apportioning liability where two insurance policies cover the same risk and contain similar "other insurance" clauses. The district court found that both policies were in force when the loss occurred and granted summary judgment for the plaintiffs. We affirm.

The parties agree on the facts. Prior to January 2, 1979, the subject property, a four-unit apartment building in Minneapolis, Minnesota, was...

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