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McCLAIN v. BEGLEY

No. C1-89-2206.

457 N.W.2d 230 (1990)

Claudia McCLAIN, as Trustee for the heirs and next of kin of Michelle Elizabeth McClain, Decedent, Respondent, v. Bridget J. BEGLEY, Respondent, Christine S. Meyers, Defendant, Altra Auto Rental, Inc., a division of Agency Rent-A-Car, Inc., Appellant. ALTRA AUTO RENTAL, INC., A DIVISION OF AGENCY RENT-A-CAR, INC., Appellant, v. FIREMEN'S FUND INSURANCE COMPANY, Defendant, Allstate Insurance Company, Respondent.

Court of Appeals of Minnesota.

Review Granted August 22, 1990.

Attorney(s) appearing for the Case

Eric Magnuson, Stephen P. Watters, Andrea Walsh, Rider, Bennett, Egan & Arundel, for respondent Claudia McClain.

William M. Hart, R. Gregory Stephens, Meagher & Geer, Minneapolis, for respondents Bridget J. Begley and Allstate Ins. Co.

Bonita J. Girard, Bassford, Heckt, Lockhart & Mullin, P.A., Minneapolis, for defendant Christine S. Meyers.

Scott W. Johnson, James A. O'Neal, Paul W. Heiring, Faegre & Benson, Minneapolis, for appellant Altra Auto Rental, Inc.

Considered and decided by SHORT, P.J., and NORTON and MULALLY, JJ.

OPINION

SHORT, Judge.

Altra Auto Rental, Inc., a division of Agency Rent-A-Car, Inc. (Altra), appeals the trial court's determination that Altra's self-insurance plan provides primary liability coverage in this action up to the full amount of its self-insured retention, $500,000. Altra argues that it should provide primary liability coverage only in the amount mandated by statute, $30,000 per person and $60,000 per accident. We agree and reverse.

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