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RLI INS. CO. v. PIKE

No. CX-96-747.

556 N.W.2d 1 (1996)

RLI INSURANCE COMPANY, Respondent, v. Richard A. PIKE, as trustee for the heirs and next of kin of Lowell Pike, Appellant, Barbara L. Pluto, as personal representative of the estate of John L. Pluto and Aire Austin, Inc., Respondent.

Court of Appeals of Minnesota.

Review Denied January 29, 1997.

Attorney(s) appearing for the Case

Byron M. Peterson, Foster, Waldeck & Lind, Ltd., Minneapolis, for Respondent RLI Insurance Company.

Steven T. Rizzi, Jr., Craig M. Byram, Austin, for Appellant.

Terence L. Meany, Leighton, Meany, Cotter & Enger, Ltd., Austin, for Respondent Pluto.

Charles T. Hvass, Jr., Hvass, Weisman & King, Chartered, Minneapolis, for amicus curiae Minnesota Trial Lawyers Association.

Considered and decided by WILLIS, P.J., and LANSING and KALITOWSKI, JJ.

OPINION

WILLIS, Judge.

Richard Pike, as trustee for the heirs and next of kin of Lowell Pike, appeals from a grant of summary judgment in favor of respondent RLI Insurance Company. Appellant argues that liability coverage for Lowell Pike's death existed under the aircraft liability insurance policy issued by respondent because the policy's exclusion of coverage for bodily injury to or death of passengers who are also named insureds violates Minnesota

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