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KVITEK v. STATE FARM MUT. AUTO. INS. CO.

No. CX-88-2369.

438 N.W.2d 425 (1989)

Gary KVITEK, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

Review Denied June 21, 1989.

Attorney(s) appearing for the Case

Paul James Phelps, Thomas J. Lyons & Associates, St. Paul, for appellant.

James A. Stein, Hessian, McKasy & Soderberg, St. Paul, for respondent.

Heard, considered, and decided by HUSPENI, P.J., and CRIPPEN and IRVINE, JJ.

OPINION

HUSPENI, Judge.

Gary Kvitek appeals from the summary judgment in which the trial court found that his failure to maintain no-fault insurance on his pickup truck pursuant to Minn. Stat. § 65B.48, subd. 1 (1980) prohibited him from recovering no-fault economic loss benefits under Minn.Stat. § 65B.64, subd. 1 (1980). We reverse and remand.

FACTS

In May 1980, appellant Gary Kvitek was injured while riding as a passenger in...

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