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ESSLING v. MARKMAN

No. CO-82-1041.

335 N.W.2d 237 (1983)

William W. ESSLING and Richard L. Lehr, Appellants, v. Michael MARKMAN, Commissioner of Insurance; Minnesota Department of Commerce, Insurance Division and the State of Minnesota, Respondents, v. NURSING HOME RESIDENTS' ADVISORY COUNCIL, Intervenor-Respondent.

Supreme Court of Minnesota.

June 24, 1983.

Attorney(s) appearing for the Case

Larkin, Hoffman, Daly & Lindgren, James P. Larkin and Christopher J. Dietzen, Minneapolis, for appellants.

Hubert H. Humphrey III, Atty. Gen., and Thomas F. Pursell, Sp. Asst. Atty. Gen., St. Paul, for State of Minn., Com'r. of Ins. and Dept. of Commerce.

Kathleen M. Davis, Legal Aid Soc. of Minneapolis, Inc., Minneapolis, Steven Wolfe, Southern Minn. Regional Legal Services, St. Paul, for Nursing Home Residents' Advisory Council.

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

TODD, Justice.

William W. Essling and Richard L. Lehr challenge the constitutionality and enforcement of Minn.Stat. §§ 62A.31-42 (1982), which prohibit the sale of insurance policies to persons age 65 or older which purport to supplement Medicare health insurance, unless certain statutory requirements are met. The trial court granted relief only with respect to travel insurance policies. We affirm.

Essling and Lehr are both over the age of 65. They...

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