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LAVALLEY v. NATIONAL FAMILY INS. CORP.

No. CX-93-2239.

517 N.W.2d 602 (1994)

Luella LaVALLEY, Respondent, v. NATIONAL FAMILY INSURANCE CORPORATION, Appellant.

Court of Appeals of Minnesota.

Review Denied August 24, 1994.

Attorney(s) appearing for the Case

Karen J. Kingsley, St. Paul, for appellant.

Terrence M. Gherty, Teresa Stromen Baier, Husdon, WI, for respondent.

Considered and decided by HUSPENI, P.J., and KALITOWSKI and AMUNDSON, JJ.

OPINION

HUSPENI, Judge.

Following a trial without a jury, the court awarded respondent Luella LaValley no-fault benefits, attorney fees, and future survivor's replacement services loss benefits and denied appellant's motion for a new trial or reopening of the trial court record and for a stay of entry of judgment. Because we find that the trial court erred in (1) placing upon appellant the burden of proof to establish that decedent's injuries did not arise...

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