RYAN v. PROGRESSIVE CAS. INS. CO.

No. C4-87-462.

414 N.W.2d 470 (1987)

Deborah RYAN, Appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

Review Denied January 15, 1988.


Attorney(s) appearing for the Case

Daniel T. Code, St. Paul, for appellant.

Daniel J. Heuel, Muir, Heuel & Carlson, Rochester, for respondent.

Heard, considered and decided by FOLEY, P.J., and PARKER and SEDGWICK, JJ.


OPINION

SEDGWICK, Judge.

Deborah Ryan (Ryan) appeals from a summary judgment granted to Progressive Casualty Insurance Company (Progressive). Applying the doctrine of collateral estoppel, the trial court determined that a no-compensation verdict in a wrongful death action prevented litigation of the amount of benefits due Ryan under Progressive's policy. We reverse and remand for trial.

FACTS

On June 29, 1984, while driving his wife's car...

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