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KASHMARK v. WESTERN INS. COMPANIES

No. C0-82-925.

344 N.W.2d 844 (1984)

Brett KASHMARK, Respondent, v. WESTERN INSURANCE COMPANIES, Appellant, v. PROGRESSIVE CASUALTY INSURANCE CO., Respondent.

Supreme Court of Minnesota.

March 9, 1984.

Attorney(s) appearing for the Case

Rufer, Hefte, Pemberton, Schulze, Sorlie, Sefkow & Kershner, Fergus Falls, for appellant.

Richard S. Roberts, Wheaton, for respondent Kashmark.

Arvesen, Donoho, Lundeen, Hoff, Svingen & Athens, for respondent Progressive Cas. Ins. Co.

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

COYNE, Justice.

Respondent Brett Kashmark brought this declaratory judgment action seeking a judicial determination that he was entitled to uninsured motorist coverage under an insurance policy issued by Western Insurance Companies (Western). Western instituted third-party proceedings against Progressive Casualty Insurance Company (Progressive). The trial court found coverage under the Progressive policy and, by operation of law, under the Western policy and determined...

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