FOLK v. HOME MUT. INS. CO.

No. CX-82-754.

336 N.W.2d 265 (1983)

William D. FOLK, et al., Respondents, v. HOME MUTUAL INSURANCE CO., Appellant.

Supreme Court of Minnesota.

July 15, 1983.


Attorney(s) appearing for the Case

Roehrdanz, Bigelow, Chamberlain & Goldsmith and George M. Roehrdanz, Minneapolis, for appellant.

Jergens, Hebert, Cass, Jepsen & Doyscher and William E. Jepsen, Stillwater, for respondents.

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


AMDAHL, Chief Justice.

Defendant Home Mutual Insurance Company (Home) appeals from a decision in favor of plaintiffs William D. Folk and George T. Folk in this suit to declare the existence of automobile liability insurance coverage. The dispositive question on appeal is whether the issue of an implied contract of insurance was raised by the pleadings or litigated by consent. Our review of the record persuades us that confusion in the presentation of the matter to...

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