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FEDERATED MUT. INS. v. AMER. FAMILY MUT. INS.

No. C9-83-1839.

350 N.W.2d 425 (1984)

FEDERATED MUTUAL INSURANCE COMPANY, Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

June 19, 1984.

Attorney(s) appearing for the Case

Gary N. Gustafson, Fletcher, O'Tool, Ristvedt & Gustafson, St. Cloud, for appellant.

Bruce Sherwood, Kevin S. Carpenter, Quinlivan & Williams, P.A., St. Cloud, for respondent.

Heard, considered, and decided by WOZNIAK, P.J., and HUSPENI and NIERENGARTEN, JJ.

OPINION

HUSPENI, Judge.

This is a declaratory judgment action arising out of an automobile accident. Appellant Federated Mutual Insurance Company (Federated) seeks indemnity from respondent American Family Mutual Insurance Company (American Family) for payments made to the injured party.

The matter was heard on cross motions for summary judgment. The trial court determined appellant was primarily responsible for payment of the damages, and that it...

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