KOLBY v. NORTHWEST PRODUCE CO., INC.

No. C3-93-493.

505 N.W.2d 648 (1993)

Ronald KOLBY, et al., Respondents, v. NORTHWEST PRODUCE COMPANY, INC., currently out of business, et al., Defendants, Progressive Insurance Company, an Ohio corporation, licensed to do business in Minnesota, Appellant, Hartford Insurance Company, a Connecticut corporation, licensed to do business in Minnesota, Respondent.

Court of Appeals of Minnesota.

September 14, 1993.


Attorney(s) appearing for the Case

John T. Buchman, John J. Gores, Soucie & Buchman, Ltd., Anoka, for Ronald Kolby.

William M. Hart, Thomas H. Crouch, Meagher & Geer, Minneapolis, Laurence J. Rabinovich, Schindel, Cooper & Farman, New York City, for appellant.

James T. Martin, Dan T. Ryerson, Gislason, Martin & Varpness, Edina, for Hartford Ins. Co.

Considered and decided by ANDERSON, C.J., and LANSING and FLEMING, JJ.


OPINION

ANDERSON, Chief Judge.

Progressive Insurance Company appeals the district court's summary judgment determining an insurance policy issued by it affords liability coverage to respondent Northwest Produce Company as a permissive user of a motor vehicle owned by Progressive's insured. We reverse.

FACTS

In June 1988, respondent United Van Bus Delivery (United) contracted with defendant Northwest Produce Company, Inc. (Northwest) to...

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