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PROGRESSIVE CAS. INS. CO. v. KRAAYENBRINK

No. C5-84-746.

370 N.W.2d 455 (1985)

PROGRESSIVE CASUALTY INSURANCE COMPANY, Appellant, v. William KRAAYENBRINK, Jr., Respondent, Ronald C. Gathje, et al., Defendants, State Farm Insurance Company, Respondent.

Court of Appeals of Minnesota.

Review Denied September 19, 1985.

Attorney(s) appearing for the Case

Daniel J. Heuel, Muir, Heuel & Carlson, P.A., Rochester, for Progressive Cas. Ins. Co.

Thomas Wolf, O'Brien, Ehrick, Wolf, Deaner & Downing, Rochester, for William Kraayenbrink.

Jeffrey Hanson, Dunlap, Keith, Finseth, Berndt & Sandberg, Rochester, for State Farm Ins. Co.

Considered and decided by POPOVICH, C.J., and PARKER and FOLEY, JJ., with oral argument waived.

OPINION

PARKER, Judge.

This appeal arises from a declaratory judgment action commenced by appellant Progressive Casualty Insurance Company, for a determination of the validity of its denial of underinsured motorist benefits to its insured, respondent William Kraayenbrink, Jr. Kraayenbrink counterclaimed for a declaration of coverage in his favor.

Kraayenbrink was injured when his motorcycle was struck by an automobile owned by Ronald Gathje and driven...

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