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REINSURANCE ASS'N OF MINNESOTA v. HANKS

No. C3-94-990.

526 N.W.2d 406 (1995)

REINSURANCE ASSOCIATION OF MINNESOTA, Respondent, v. Ralph Edward HANKS, Appellant, Brenda Bauman, individually and as mother and natural guardian of Crystal Hanks, Appellant.

Court of Appeals of Minnesota.

Review Granted March 29, 1995.

Attorney(s) appearing for the Case

Steven R. Schwegman, Molly J. Wingate, Quinlivan, Sherwood, Spellacy & Tarvestad, P.A., St. Cloud, for respondent.

John P. Clifford, Meshbesher & Spence, Ltd., Minneapolis, for Ralph Edward Hanks.

Perry A. Berg, Patton, Hoversten & Berg, P.A., Waseca, for Brenda Bauman.

Considered and decided by KLAPHAKE, P.J., and LANSING and AMUNDSON, JJ.

OPINION

LANSING, Judge.

This is a declaratory judgment action to determine whether a child is excluded from her non-custodial parent's liability coverage under a farm multi-peril policy. We reverse the judgment excluding the child from coverage because the policy language applied to the facts of this case results in an ambiguity that is resolved against the insurer.

FACTS

Crystal Hanks was injured while mowing the lawn at her father's farm...

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