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DOMKE v. FARMERS & MECHANICS SAV. BANK

No. C9-84-927.

363 N.W.2d 898 (1985)

Edwin G. DOMKE, Jr., Respondent, v. FARMERS & MECHANICS SAVINGS BANK, Defendant, North Central Life Insurance Company, Appellant.

Court of Appeals of Minnesota.

March 12, 1985.

Attorney(s) appearing for the Case

William L. Orr, Minneapolis, for respondent.

David P. Pearson, William D. Hittler, Winthrop, Weinstine & Sexton, St. Paul, for appellant.

Heard, considered and decided by POPOVICH, C.J., and NIERENGARTEN and RANDALL, JJ.

OPINION

RANDALL, Judge.

Respondent, the insured under a policy of mortgage disability insurance, applied for benefits after he was disabled from employment due to hearing loss. The insurer (North Central) denied coverage. Respondent brought this action, and the trial court awarded respondent five years of benefits. North Central appealed. We affirm in part, reverse in part, and remand for entry of judgment for reduced benefits.

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