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HERMELING v. MINNESOTA FIRE & CAS. CO.

No. C4-95-376.

534 N.W.2d 716 (1995)

Steven J. HERMELING, Plaintiff, v. MINNESOTA FIRE & CASUALTY COMPANY, f/k/a Minnesota Mutual Fire & Casualty Company, defendant and third-party plaintiff, Appellant, v. Roschelle Johnson LESSARD, et al., Respondents.

Court of Appeals of Minnesota.

Review Granted September 20, 1995.

Attorney(s) appearing for the Case

Richard J. Sheehan, Harvey, Sheehan & Benson, Minneapolis, for plaintiff.

Daniel J. Trudeau, King & Hatch, P.A., St. Paul, for appellant.

George C. Hottinger, Erstad & Riemer, P.A., Minneapolis, for respondents.

Considered and decided by KLAPHAKE, P.J., and HUSPENI and NORTON, JJ.

OPINION

HUSPENI, Judge.

Five years and eleven months after an accident involving the collision of two vehicles, the victim brought an underinsured motorist's claim against appellant, the insurer of the vehicle in which the victim was injured. A month later, appellant filed a third-party subrogation action against respondents, the owner and the operator of the other vehicle. Respondents moved successfully for summary...

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