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ROYAL-MILBANK INS. CO. v. BUSSE

No. C2-91-366.

474 N.W.2d 441 (1991)

ROYAL-MILBANK INSURANCE COMPANY, Respondent, v. Gary BUSSE, Trustee for the Heirs of Mary Jean Busse, Appellant.

Court of Appeals of Minnesota.

September 3, 1991.

Attorney(s) appearing for the Case

Richard S. Scherer, Castor, Klukas, Scherer & Logren, Minneapolis, for respondent.

Jerome E. Kline, Borkon, Ramstead & Mariani, Minneapolis, for appellant.

Considered and decided by RANDALL, P.J., and HUSPENI and THOREEN, JJ.

OPINION

JOHN F. THOREEN, Judge.

After settling his wrongful death claim with the insurers of the other vehicle in a wrongful death action, appellant Gary Busse sought underinsured motorist benefits and demanded arbitration of his under-insured claim. Respondent Royal-Milbank Insurance Company (Milbank) commenced the present declaratory judgment action, and moved for summary judgment, seeking a determination that it was not obligated to provide underinsured...

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