ST. PAUL FIRE AND MARINE INS. CO. v. SPARROW

No. C2-85-651.

378 N.W.2d 12 (1985)

The ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Respondent, v. Terri Lee SPARROW, Appellant, Anthony Erickson, Respondent.

Court of Appeals of Minnesota.

Review Denied January 23, 1986.


Attorney(s) appearing for the Case

Charles B. Bateman, Duluth, for St. Paul Fire and Marine Ins. Co.

Richard C. Smith, Minneapolis, for Terri Lee Sparrow.

Clarance E. Hagglund, Minneapolis, Carver Richards, III, Virginia, for Anthony Erickson.

Heard, considered and decided by FOLEY, P.J., and FORSBERG and NIERENGARTEN, JJ.


OPINION

NIERENGARTEN, Judge.

Terri Lee Sparrow appeals the trial court's judgment that no coverage existed under a commercial auto insurance policy. We reverse in part.

FACTS

On June 20, 1982, Sparrow and her sister were loading a concession wagon owned by their brother Anthony Erickson in preparation for taking the wagon to the Grand Rapids fairgrounds for a community celebration. The wagon had two axles and four wheels, and the concession...

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