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OLSON v. ISCHE

Nos. C3-83-55, C5-82-1651.

343 N.W.2d 284 (1984)

Melanie OLSON and Dennis J. Olson, Appellants, v. Ivan Marvin ISCHE, Defendant, Randy Lee Fritz, Respondent, Darrell St. John, Respondent, Knight Klub, Inc., and Dana J. Nelson, Respondents, United Fire and Casualty Company, Respondent, and ALL NATION INSURANCE COMPANY, Respondent, v. HOME MUTUAL INSURANCE COMPANY, plaintiff in intervention, Respondent. Melanie OLSON and Dennis J. Olson, Appellants, v. Randy Lee FRITZ, Respondent.

Supreme Court of Minnesota.

January 20, 1984.

Attorney(s) appearing for the Case

O'Neill, Burke & O'Neill, Patrick H. O'Neill, Peter H. Grills and Michael B. Braman, St. Paul, for appellants.

Cousineau, McGuire, Shaughnessy & Anderson by Kathleen Drake, Minneapolis, for Home Mut. Ins. Co., respondent.

Peterson, Bell & Converse, Willard L. Converse, St. Paul, for Randy Lee Fritz, respondent.

Rothstein, Wolf, Kaplan & Goff, Howard L. Kaplan, St. Paul, for All Nation Ins. Co., respondent.

Kronick, Moskovitz, Tiedemann & Girard, Beth Ann Lane, Sacramento, Cal., for amicus curiae Mothers Against Drunk Drivers (in support of plaintiff-appellants).

Heard, considered, and decided by the court en banc.

SIMONETT, Justice.

Plaintiff, injured in an auto accident, sues the passenger in the other car. The companies insuring the passenger counter with a declaratory judgment action that their policies afford no coverage for the claims of plaintiff and her husband. On motions for summary judgment, the trial court held that plaintiffs have no cause of action against the passenger and that there is no insurance coverage for the claims. We affirm the judgment of no...

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