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WEST BEND MUT. INS. v. MILWAUKEE MUT. INS. CO.

No. C0-85-177, C3-85-500.

384 N.W.2d 877 (1986)

WEST BEND MUTUAL INSURANCE COMPANY, petitioner, Appellant, v. MILWAUKEE MUTUAL INSURANCE COMPANY, Louis Hager, et al., Thomas Graham, et al., The City of Elysian, Mark Neste, d.b.a. Neste Ambulance Service, Immanuel-St. Joseph's Hospital of Mankato, Inc., Respondents.

Supreme Court of Minnesota.

April 11, 1986.

Attorney(s) appearing for the Case

Dale M. Wagner, Minneapolis, for appellant.

Willard L. Converse, St. Paul, for Milwaukee Mut.

R. Michael Regan, Mankato, for Hager.

John A. Kottke, St. Paul, for Graham.

John H. McLoone, IV, Waseca, for Neste.

Raymond C. Krause, Mankato, for City of Elysian.

R.G. Johnson, Mankato, for Immanuel-St. Joseph's Hosp. of Mankato, Inc.

Marcus J. Christianson, Minneota, for Northstar Mut. Ins. Co.

Robert W. Murnane, St. Paul, for State Farm Fire and Cas.

Heard, considered, and decided by the court en banc.

SIMONETT, Justice.

The court of appeals held that a driver's personal injury claim against a passenger who grabbed the steering wheel of the moving automobile was covered by the passenger's homeowner's policy, the automobile exclusion in the homeowner's policy not being applicable. We affirm.

On December 11, 1981, Thomas Graham, age 19, was driving his Volkswagen Beetle on a township gravel road, with his girlfriend, Diane Hager, age 18, a front-seat passenger...

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