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PETERSEN v. CROFT

No. C3-89-926.

447 N.W.2d 903 (1989)

Glen O. PETERSEN, Trustee for the heirs and next-of-kin of Randi L. Petersen, deceased; and Glen Petersen, individually and as parent and natural guardian of John Petersen and Scott Petersen, minors, Respondent, v. James CROFT, et al., Defendants. Appeal of SENTRY INSURANCE. James E. MADDEN, d/b/a Earle Brown Bowl, Third-Party Plaintiff, v. Ronald BACK, Third-Party Defendant.

Court of Appeals of Minnesota.

Review Denied January 12, 1990.

Attorney(s) appearing for the Case

John Buchman, Soucie & Buchman, Ltd., Anoka, for respondent.

John H. Guthmann, Hansen, Dordell, Bradt, Odlaug & Bradt, Saint Paul, for appellant.

Heard, considered and decided by SCHUMACHER, P.J., and FORSBERG and GARDEBRING, JJ.

OPINION

FORSBERG, Judge.

Sentry Insurance Company appeals from a judgment declaring respondent Glen O. Petersen entitled to uninsured motorist (UM) coverage. Petersen's claim arises out of the drive-by shooting death of his wife, Randi L. Petersen. We reverse.

FACTS

The facts are stipulated and have been previously tried in a criminal action.

In the early morning hours of July 16, 1982, James Croft, Ronald Back, and M.S. (a minor...

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