AMERICAN FAMILY MUT. INS. CO. v. THIEM

No. C2-92-2435.

498 N.W.2d 279 (1993)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent, v. Joel Robert THIEM, Appellant.

Court of Appeals of Minnesota.

Review Granted May 28, 1993.


Attorney(s) appearing for the Case

Paul T. Benshoof, Carpenter, Benshoof & Klein, Bemidji, for respondent.

Mary L. Maring, Maring Law Office, Fargo, ND, for appellant.

Considered and decided by HARTEN, P.J., and LANSING and FOLEY, JJ.


OPINION

HARTEN, Judge.

Respondent American Family Mutual Insurance Company brought this lawsuit seeking declaratory judgment that its car insurance policy did not provide coverage sought by appellant Joel Robert Thiem as trustee in an action for the wrongful death of Thiem's son Joshua, age 10, resulting from a car accident. Thiem appeals summary judgment that Joshua was not an insured under the American Family policy. Thiem contends that the district court...

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