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GENERAL CAS. v. MID-CONTINENT AGENCIES

No. C5-91-2161.

485 N.W.2d 147 (1992)

GENERAL CASUALTY COMPANY OF WISCONSIN, et al., Appellants, v. MID-CONTINENT AGENCIES, INC., et al., Defendants, Fidelity Bank, f/k/a Southwest Fidelity State Bank of Edina, Respondent. FIDELITY BANK, Respondent, v. MID-CONTINENT AGENCIES, INC., et al., Defendants, West Bend Mutual Insurance Co., et al., Appellants.

Court of Appeals of Minnesota.

Review Denied July 16, 1992.

Attorney(s) appearing for the Case

Mark G. Ohnstad, Thomsen & Nybeck, P.A., Edina, for appellants General Cas. Co. of Wisconsin, et al.

R. Walter Bachman, Lindquist & Vennum, Minneapolis, for respondent Fidelity Bank, f/k/a Southwest Fidelity State Bank of Edina.

Considered and decided by HUSPENI, P.J., and SHORT and STONE, JJ.

OPINION

SHORT, Judge.

This action for conversion involves monies deposited by an independent insurance agent. A bank applied the monies against the agent's debt to the bank. The insurers objected, claiming the monies were trust funds. On cross motions for summary judgment, the trial court found no fiduciary relationship existed between the agent and the insurers. On appeal from judgment in favor of the bank, the insurers argue they are entitled to judgment...

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