WINTZ v. COLONIAL INS. CO. OF CALIFORNIA

No. C3-94-1377.

526 N.W.2d 375 (1995)

Linda M. WINTZ, Appellant, v. COLONIAL INSURANCE COMPANY OF CALIFORNIA, Respondent.

Court of Appeals of Minnesota.

January 3, 1995.


Attorney(s) appearing for the Case

Michael G. Wright, Simmonds, Simmonds & Wright, Mankato, for appellant.

George C. Hottinger, Thomas H. Schaefer, Erstad & Riemer, P.A., Minneapolis, for respondent.

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


OPINION

AMUNDSON, Judge.

Appellant Linda Wintz challenges the district court's grant of summary judgment, arguing that the policy's exclusionary clause is invalid, and, alternatively, if the exclusion applies, there is a genuine issue of material fact regarding whether the vehicle was "available for the regular use" of David Wintz at the time of the accident. We reverse and remand.

FACTS

The parties stipulated to the facts and to the contents...

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