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AMCO INS. CO. v. LANG

No. C4-87-1790.

420 N.W.2d 895 (1988)

AMCO INSURANCE COMPANY, Plaintiff, v. Mary O. LANG, as Trustee of the Heirs and Next of Kin of Maxine C. O'Loughlin, Deceased, and Thomas J. O'Loughlin, Defendants.

Supreme Court of Minnesota.

March 25, 1988.

Attorney(s) appearing for the Case

Kay Nord Hunt, Thomas E. Peterson, Kathryn H. Davis, Minneapolis, for plaintiff.

Michael Fargione, Minneapolis, for defendants.

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

COYNE, Justice.

The question presented by this action for a judgment declaratory of rights and liabilities with respect to the underinsured motorist coverage afforded by a plan of reparation security is before this court upon certification by the United States District Court, District of Minnesota, pursuant to Minn.Stat. § 480.061 (1986):

May an insurer enforce the language of its insurance policy, which precludes the stacking of underinsured motorist...

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