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DAIRYLAND INS. CO. v. CLEMENTSON

Nos. C0-88-1375, C3-88-1581.

431 N.W.2d 895 (1988)

DAIRYLAND INSURANCE CO., Respondent, v. Jennifer A. CLEMENTSON, Appellant (C0-88-1375), Respondent (C3-88-1581), and Mutual Service Casualty Insurance Co., Intervenor (C0-88-1375), Appellant (C3-88-1581).

Court of Appeals of Minnesota.

November 22, 1988.

Attorney(s) appearing for the Case

John H. Guthmann, Hansen, Dordell, Bradt, Odlaug & Bradt, St. Paul, for Dairyland Ins. Co.

Michael Fargione, Hauer, Lewis & Fargione, P.A., Minneapolis, for Jennifer A. Clementson.

William J. Egan, David M. Bolt, Rider, Bennett, Egan & Arundel, Minneapolis, for Mutual Service Cas. Ins. Co.

Heard, considered and decided by WOZNIAK, C.J., and HUSPENI and SCHUMACHER, JJ.

OPINION

SCHUMACHER, Judge.

Respondent Dairyland Insurance Company (Dairyland) brought a declaratory judgment action to determine whether it was liable to appellant Clementson. Dairyland later brought a motion for summary judgment against both Clementson and intervenor Mutual Service Insurance Company (MSI) which was granted. Appellant Clementson and intervenor/appellant MSI both appeal from the summary judgment.

FACTS

On October 6, 1979...

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