AUSTIN MUT. INS. CO. v. TEMPLIN

No. C7-88-420.

435 N.W.2d 584 (1989)

AUSTIN MUTUAL INSURANCE COMPANY, Petitioner, Appellant, v. James J. TEMPLIN, Respondent.

Court of Appeals of Minnesota.

Review Denied April 24, 1989.


Attorney(s) appearing for the Case

George Charles Hottinger, Dale O. Thornsjo, Chadwick, Johnson & Condon, P.A., Minneapolis, for petitioner, appellant.

John W. Carey, Steven D. Emmings, Sieben, Grose, Von Holtum, McCoy & Carey, Ltd., Fairfax, for respondent.

Heard, considered, and decided by FOLEY, P.J., and FORSBERG and STONE, JJ.


OPINION

BRUCE C. STONE, Judge.

Respondent James J. Templin submitted a claim to appellant Austin Mutual Insurance Company for stacked underinsured motorist (UIM) benefits in the amount of $200,000. Austin Mutual denied Templin's claim and his request for arbitration and commenced a declaratory action against Templin on the issues of arbitration and stacking.

Austin Mutual appealed the trial court's denial of its motion for summary judgment. This...

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