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HORACE MANN INS. CO. v. NEUVILLE

No. C7-90-1888.

465 N.W.2d 432 (1991)

HORACE MANN INSURANCE COMPANY, Respondent, v. Eric NEUVILLE, Appellant.

Court of Appeals of Minnesota.

Review Denied March 27, 1991.

Attorney(s) appearing for the Case

William D. Foster, Jefferson, Priesz & Foster, Minneapolis, for appellant.

William K. Strifert, Strifert Law Firm, Minneapolis, for respondent.

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

OPINION

RANDALL, Judge.

Respondent Horace Mann Insurance Company (Company) brought a declaratory judgment action seeking a determination that appellant Eric Neuville was occupying an uninsured motor vehicle at the time of his injuries. Therefore, he is precluded from asserting coverage under a policy issued by Company. The parties stipulated to the facts, and both moved for summary judgment. The trial court granted Company's

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