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McCULLOUGH v. TRAVELERS COMPANIES

No. C9-87-909.

415 N.W.2d 349 (1987)

Loren McCULLOUGH, d.b.a. Magic Dragon Restaurant, Appellant, v. The TRAVELERS COMPANIES, Respondent.

Court of Appeals of Minnesota.

Review Granted January 28, 1988.

Attorney(s) appearing for the Case

Kenneth F. Johannson, Mark E. O'Boyle, Dickel, Johannson, Taylor, Rust & Schmitz, Crookston, for appellant.

Charles J. Noel, Ian C. Ritts, Hanson, Noel & Lulic, Minneapolis, for respondent.

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

OPINION

FORSBERG, Judge.

Appellant Loren McCullough sued respondent The Travelers Companies to recover damages under a fire insurance policy issued pursuant to Minn.Stat. § 65A.01 (1986). Travelers moved for summary judgment because McCullough brought suit before undergoing an examination under oath as required by the statute. The trial court granted Travelers' motion and entered judgment against McCullough. We affirm.

FACTS

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