JOHNSON v. UNITED SERVICES AUTO. ASS'N

Nos. CX-91-910, C1-91-911.

493 N.W.2d 570 (1992)

Gene M. JOHNSON, Respondent (CX-91-910), William M. Peterson, Respondent (C1-91-911), v. UNITED SERVICES AUTOMOBILE ASSOCIATION, petitioner, Appellant.

Supreme Court of Minnesota.

Rehearing Denied March 3, 1993.


Attorney(s) appearing for the Case

Lois J. Lang, Powell, Lang & Schueppert, Bemidji, for appellant.

Sheldon D. McRae, Jr., McRae and McRae, P.A., Bemidji, for respondents.

Heard, considered, and decided by the court en banc.


COYNE, Justice.

Our review of the opinion of the court of appeals in this case reveals the hazard inherent in deciding an appeal on the basis of an issue never raised, briefed, or argued by any party. We affirm as hereinafter modified.

Plaintiff Gene Johnson, an Illinois resident, and his passenger, William Peterson, an Iowa resident, were injured in an automobile accident which occurred in Beltrami County, Minnesota. Johnson was the named insured in a policy...

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