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AMERICAN FAMILY v. UNIVERSAL UNDERWRITERS

No. C1-89-4.

438 N.W.2d 701 (1989)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, as assignee and servicing agent for the Minnesota Automobile Assigned Claims Bureau, Respondent, v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Respondent, Mutual Service Casualty Insurance Company, Appellant.

Court of Appeals of Minnesota.

April 25, 1989.

Attorney(s) appearing for the Case

James A. Stein, Hessian, McKasy & Soderberg, Saint Paul, for American Family Mut. Ins. Co.

Michael W. McNee, Mark A. Gwin, Cousineau, McGuire, Shaughnessy & Anderson, Chtd., Minneapolis, for Universal Underwriters Ins. Co.

Richard J. Kruger, Richard J. Kruger & Associates, St. Paul, for Mut. Service Cas. Ins. Co.

Heard, considered and decided by NORTON, P.J., and FORSBERG and MULALLY, JJ.

OPINION

FORSBERG, Judge.

Mutual Service Casualty Insurance Co. (MSI) appeals summary judgment finding them primary insurer and ordering payment of statutory interest in the amount of 15 percent for failure to pay no-fault benefits promptly. We affirm.

FACTS

In February 1984, James Martin took his 1972 Ford van to Midway Ford for repair. The van was insured by MSI. While his van was in Midway's shop, Martin made arrangements with the used...

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