RIESCHL v. TRAVELERS INS. CO.

No. 51794.

313 N.W.2d 615 (1981)

Rosemary RIESCHL, Special Administratrix for the Estate of Paul Antonio Davis, deceased, Respondent, v. TRAVELERS INSURANCE COMPANY, Appellant.

Supreme Court of Minnesota.

December 17, 1981.


Attorney(s) appearing for the Case

Johnson, Fredin, Killen, Thibodeau & Seiler and James A. Wade, Duluth, for appellant.

Louis D. Bass, Minneapolis, for respondent.

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


AMDAHL, Justice.

This is an appeal by Travelers Insurance Company from an order of the Hennepin County District Court declaring that the insured had not breached the cooperation clause of his automobile liability policy. Because the trial court's finding that the insurer did not meet its burden of proving lack of cooperation is supported by the evidence as a whole, we affirm.

The insured, Paul Davis, was an iron worker whose permanent residence was in Massachusetts...

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