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AUTO-OWNERS INS. CO. v. SELISKER

No. CX-88-1691.

435 N.W.2d 866 (1989)

AUTO-OWNERS INSURANCE COMPANY, Appellant, v. Mark David SELISKER, Ronald Haglund, trustee for the heirs and next of kin of Winifred Marie Haglund, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied April 24, 1989.

Attorney(s) appearing for the Case

James A. Reding, Reding and Votel, St. Paul, for Auto-Owners Insurance Company, appellant.

William K. Strifert, Taylor Law Firm, P.A., Minneapolis, for Mark David Selisker, respondent.

Harry A. Sieben, Jr., Arthur Kosieradzki, Sieben, Grose, VonHoltum, McCoy, Carey, Ltd., Minneapolis, for Ronald Haglund, trustee for the heirs and next of kin of Winifred Marie Haglund, et al., respondents.

Heard, considered and decided by KALITOWSKI, P.J., and LANSING and FLEMING, JJ.

OPINION

LANSING, Judge.

After failing to take medication to control his epilepsy, Mark Selisker drove his car, suffered a seizure, and caused an accident. We conclude that the failure to take the medication is not a divisible concurring cause which would implicate coverage under both automobile and homeowner's insurance policies.

FACTS

While driving near St. Cloud, Mark Selisker suffered an epileptic seizure, blacked out, crossed...

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