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AMERICAN FAMILY MUT. INS. CO. v. LUHMAN

No. C1-88-2597.

438 N.W.2d 453 (1989)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent, v. John P. LUHMAN, Appellant, Paul Luhman, et al., Defendants.

Court of Appeals of Minnesota.

Review Denied June 21, 1989.

Attorney(s) appearing for the Case

James M. Mahoney and Victor E. Lund, Mahoney, Dougherty and Mahoney, Minneapolis, for respondent.

Warren V. Bigelow, Jr., Johnson, Wood, Phleger & Bigelow, Wayzata, for appellant.

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

OPINION

EDWARD D. MULALLY, Judge.

John Luhman appeals the trial court's summary declaratory judgment determining that he cannot receive underinsured motorist benefits from any of the three insurance policies wherein Luhman's stepfather is the named insured. We affirm.

FACTS

On December 12, 1983, John Luhman was injured when the car in which he was a passenger, a 1974 Pinto, collided with a train...

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