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KLEIN v. U.S. FIDELITY AND GUAR. CO.

No. C5-89-1771.

451 N.W.2d 901 (1990)

Darrel J. KLEIN, Respondent, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, Farm Bureau Mutual Insurance Company, Respondent.

Court of Appeals of Minnesota.

Review Denied March 27, 1990.

Attorney(s) appearing for the Case

Keith L. Miller, Moorhead, for Darrel J. Klein.

Paul E. Grinnell, Cheryl L. Anderson, Moorhead, for U.S. Fidelity and Guar. Co.

Steven L. Marquart, Moorhead, for Farm Bureau Mut. Ins. Co.

Considered and decided by FOLEY, P.J., and CRIPPEN and MULALLY, JJ.

OPINION

EDWARD D. MULALLY, Judge.

Appellant challenges a judgment declaring that respondent was not "occupying" his vehicle within the meaning of Minn. Stat. § 65B.49, subd. 3a(5) (1988), when he was injured while changing a flat tire. The trial court concluded respondent is entitled to select uninsured motorist coverage from either of two insurance companies.

We reverse.

FACTS

The parties stipulated to the following facts...

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