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U.S. FIRE INS. v. FIREMAN'S FUND INS.

Nos. C2-90-888, C6-90-893.

461 N.W.2d 230 (1990)

UNITED STATES FIRE INSURANCE CO., Respondent, v. FIREMAN'S FUND INSURANCE CO., Appellant, U.S. Salt-Johnson Enterprises, Inc., Delores Ann Wieczorek, Trustee for Decedent Paul Wieczorek, John Paul Dotterweich, Bernard J. LaCanne, Respondents.

Court of Appeals of Minnesota.

Review Denied December 17, 1990.

Attorney(s) appearing for the Case

Theodore J. Smetak, Karen Melling Van Vliet, Gregory J. Johnson, Arthur, Chapman & McDonough, P.A., Minneapolis, for U.S. Fire Ins. Co.

Timothy P. Tobin, Wade R. Wacholz, Gislason, Dosland, Hunter & Malecki, Minnetonka, for Fireman's Fund Ins. Co.

Mark E. Jacobson, Jacobson, Stromme & Harwood, Minneapolis, for U.S. Salt-Johnson Enterprises, Inc.

Phillip P. Hansen, Hansen Law Office, Ltd., Winona, for Delores Ann Wieczorek, Trustee for Decedent Paul Wieczorek.

John Paul Dotterweich, Morristown, pro se.

Michael B. Goodman, Joseph M. Guzinski, Goodman & Guzinski, P.A., Rochester, for Bernard J. LaCanne.

Considered and decided by GARDEBRING, P.J., and HUSPENI and CRIPPEN, JJ.

OPINION

HUSPENI, Judge.

The question presented in this appeal arises out of two declaratory judgment actions brought to reconcile an insurance coverage dispute between insurance companies as to which is the primary insurer of the loss emanating from an automobile accident. Pursuant to cross-motions in each action, the trial court granted summary judgment determining coverage provided by appellant Fireman's Fund Insurance Company (Fireman's Fund) was primary...

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