SAFECO INS. COMPANIES v. DIAZ

No. C3-85-2229.

385 N.W.2d 845 (1986)

SAFECO INSURANCE COMPANIES, Respondent, v. Joseph Gonzales DIAZ, et al., Defendants, David Joseph Diaz, Respondent, Marie K. Ortega, Appellant.

Court of Appeals of Minnesota.

Review Denied June 30, 1986.


Attorney(s) appearing for the Case

Marie A. Darst, Jardine, Logan & O'Brien, St. Paul, for Safeco Ins. Companies.

Thomas O. Albers, Sandra Fjelstad, Bloomington, for David Joseph Diaz.

James J. Boyd, St. Paul, for Marie K. Ortega.

Considered and decided by CRIPPEN, P.J., and SEDGWICK and WOZNIAK, JJ., with oral argument waived.


OPINION

SEDGWICK, Judge.

Appellant Marie Ortega was struck by an automobile driven by defendant Joseph Diaz and owned by respondent David Diaz. Ortega commenced a personal injury action against both Joseph and David Diaz. At the time of the accident, Joseph Diaz was insured by respondent Safeco Insurance Companies (Safeco). Safeco brought this declaratory judgment action contending it did not have to afford coverage...

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