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INTERSTATE FIRE & CAS. v. AUTO-OWNERS INS.

No. C5-87-1877.

421 N.W.2d 355 (1988)

INTERSTATE FIRE & CASUALTY COMPANY, Appellant, v. AUTO-OWNERS INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

Review Granted May 25, 1988.

Attorney(s) appearing for the Case

Thomas E. Peterson, Kay Nord Hunt, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for appellant.

Kevin S. Carpenter, Quinlivan, Sherwood, Spellacy & Tarvestad, P.A., St. Cloud, for respondent.

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

OPINION

FORSBERG, Judge.

Interstate Fire & Casualty Company ("Interstate") appeals a summary judgment granted to respondent Auto-Owners Insurance Company ("Auto-Owners"). The trial court granted summary judgment, deciding that the business pursuits exclusion in the Auto-Owners policy excluded coverage for the accident and because the Interstate policy was "closest to the risk." We reverse and remand.

FACTS

On March 28, 1977, Kenneth...

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