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OPHUS v. TRI-STATE INS. CO. OF MN., INC.

No. C6-86-47.

392 N.W.2d 653 (1986)

Roger OPHUS, Respondent, v. TRI-STATE INSURANCE COMPANY OF MINNESOTA, INC., Appellant, and Caroline Ione Stavig as Guardian Ad Litem for Brian Gordon Stavig, et al., intervenors, Respondents, Joni Schmidt, intervenor, Respondent, Kurt Mason Ophus, Respondent.

Court of Appeals of Minnesota.

Review Denied October 22, 1986.

Attorney(s) appearing for the Case

Gerald S. Rufer, Rufer, Hefte, Pemberton, Schulze, Sorlie, Sefkow & Kershner, Fergus Falls, for respondent Roger Ophus.

Kay N. Hunt, John P. Lommen, Lommen, Nelson, Cole & Stageberg, Minneapolis, for appellant Tri-State Ins. Co. of Minnesota, Inc.

Charles R. Kennedy, Kennedy & Nervig, Wadena, for respondents Caroline Ione Stavig as Guardian Ad Litem for Brian Gordon Stavig, et al., intervenors.

Lynn J. Hummel, Benshoof, Hummel, Sinclair, Schurman, Pearson, Evans & Hunt, P.A., Detroit Lakes, for respondent Schmidt, intervenor.

John D. Quinlivan, Quinlivan, Sherwood, Spellacy & Tarvestad, St. Cloud, for respondent Kurt Mason Ophus.

Heard, considered and decided by CRIPPEN, P.J., and LESLIE and NIERENGARTEN, JJ.

OPINION

NIERENGARTEN, Judge.

This appeal is from judgment entered on behalf of respondent Roger Ophus and denial of appellant Tri-State Insurance Company of Minnesota's (Tri-State) motion for a new trial. The trial court determined that Tri-State failed to effectively cancel an automobile insurance policy held by its insured Roger Ophus. We affirm.

FACTS

Roger Ophus has insured four personal vehicles with Tri-State since 1978, under a policy...

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