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COSTELLO v. AETNA CAS. & SUR. CO.

No. C9-90-1407.

472 N.W.2d 324 (1991)

Donald H. COSTELLO, Appellant, v. AETNA CASUALTY & SURETY COMPANY, Respondent.

Supreme Court of Minnesota.

July 19, 1991.

Attorney(s) appearing for the Case

Todd J. Zerin, Pamela Converse Zerin, St. Paul, for appellant.

James F. Dunn & Associates, P.A., Robert J. Schmitz, St. Paul, for respondent.

Michael Fargione, Hauer & Fargione, Minneapolis, for amicus curiae, Minnesota Trial Lawyers Ass'n.

Heard, considered and decided by the court en banc.

KEITH, Chief Justice.

Petitioner Donald Costello seeks review of a court of appeals decision affirming the trial court's dismissal of a suit to compel arbitration of Costello's right to recover underinsured motorist (UIM) benefits under his policy with respondent Aetna Casualty and Surety Company (Aetna).

I

Costello was injured in an automobile accident on October 31, 1986. Costello brought a tort suit against Harold Diedrich, the driver of the other...

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