HIMLE v. AMERICAN FAMILY MUT. INS. CO.

No. C1-89-620.

445 N.W.2d 587 (1989)

Merlin E. HIMLE, Respondent, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellant.

Court of Appeals of Minnesota.

Review Denied November 22, 1989.


Attorney(s) appearing for the Case

W. Scott Herzog, Laura J. McKnight, Moss & Barnett, Minneapolis, for respondent.

Linc S. Deter, Felhaber, Larson, Fenlon & Vogt, St. Paul, for appellant.

Heard, considered and decided by HUSPENI, P.J., and NORTON and LOMMEN, JJ.


OPINION

A. PAUL LOMMEN, Judge.

Respondent brought an action for declaratory judgment to determine existence of automobile insurance coverage for an accident which occurred while respondent was helping the insured load a horse into respondent's horse trailer. The trial court denied the insurer's motion for summary judgment and granted judgment for respondent. The insurance company appeals. We reverse.

FACTS

On March 12, 1987, respondent...

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