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ALLIED MUT. INS. v. WESTERN NAT. MUT.

No. C2-95-490.

536 N.W.2d 906 (1995)

ALLIED MUTUAL INSURANCE COMPANY, Respondent, v. WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Appellant.

Court of Appeals of Minnesota.

Review Granted November 15, 1995.

Attorney(s) appearing for the Case

George C. Ramler, Ramler, Hellmuth & Johnson, P.A., Minneapolis, for respondent.

Dan T. Ryerson, Gislason, Martin & Varpness, P.A., Edina, for appellant.

Considered and decided by PETERSON, P.J., and LANSING and SCHUMACHER, JJ.

OPINION

PETERSON, Judge.

In this action to determine primacy of uninsured motorist coverage under Minn. Stat. § 65B.49, subd. 3a(5) (1988), Western National Mutual Insurance Company argues the district court erred in granting summary judgment for respondent Allied Mutual Insurance Company on grounds that the injured person was occupying the vehicle insured by Western. We affirm.

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