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WINTZ v. COLONIAL INS. CO. OF CALIFORNIA

No. C3-94-1377.

542 N.W.2d 625 (1996)

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

Supreme Court of Minnesota.

January 26, 1996.

Attorney(s) appearing for the Case

George C. Hottinger, Thomas H. Schaefer, Minneapolis, for petitioner.

Michael G. Wright, Mankato, for respondent.

Heard, considered and decided by the court en banc.

OPINION

TOMLJANOVICH, Justice.

This is a declaratory judgment action to determine whether Colonial Insurance Company (Colonial) was liable for uninsured motorist benefits. Colonial denied benefits to Linda Wintz based on its policy provision excluding coverage of vehicles which were not insured and were "owned by or furnished or available for the regular use" of the policyholder or a relative. The district court found the exclusionary clause to be valid...

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