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NORTH STAR MUT. INS. CO. v. JOHNSON

No. C5-83-1837.

352 N.W.2d 791 (1984)

NORTH STAR MUTUAL INSURANCE COMPANY, Appellant, v. Darryl JOHNSON, et al., Respondent.

Court of Appeals of Minnesota.

August 7, 1984.

Attorney(s) appearing for the Case

Marcus J. Christianson, Christianson & Christianson, Minneota, for appellant.

S. Todd Rapp, Robins, Zelle, Larson & Kaplan, St. Paul, for respondent Johnson.

Willard L. Converse, St. Paul, for respondent Milwaukee Mut.

Considered and decided by FOLEY, P.J. and SEDGWICK, and RANDALL, JJ., with oral argument waived.

OPINION

FOLEY, Judge.

North Star appeals a declaratory judgment holding that the company is obligated to defend Vernon Janssen in a personal injury and wrongful death action arising from an accident in May 1982. North Star contends that it is not obligated to defend Janssen because the damage arose out of the use, operation or maintenance of a vehicle, and Janssen's farm insurance policy does not cover such damages. We affirm.

FACTS

Vernon...

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