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MILBANK INS. CO. v. JOHNSON

No. CX-95-2035.

544 N.W.2d 56 (1996)

MILBANK INSURANCE COMPANY, Appellant, v. Janene R. JOHNSON, as Special Administrator of the Estate of Nicole Chapeau, Decedent, Defendant, Mary COLUMBUS as Trustee for the Heirs and next-of-kin of Ricky Wildey, Decedent, Kelly Lyn Klocek and Angela Nahl, Respondents, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Intervenor.

Court of Appeals of Minnesota.

February 27, 1996.

Attorney(s) appearing for the Case

Michael S. Kreidler, Leo I. Brisbois, Stich, Angell, Kreidler, Brownson & Ballou, P.A., Minneapolis, for appellant Milbank Ins. Co.

Sharon L. VanDyck, Schwebel, Goetz, Sieben & Moskal, P.A., Minneapolis, for respondent Columbus.

Harry A. Sieben, Jr., Sieben, Grose, Vonholtum, McCoy & Carey, Ltd., Minneapolis, for respondent Klocek.

Gregory S. Malush, Milavetz & Associates, Brooklyn Center, for respondent Nahl.

Emilio R. Giuliani, Labore & Giuliani, Hopkins, for intervenor State Farm Mut. Auto. Ins. Co.

Considered and decided by PARKER, P.J., and DAVIES and MANSUR, JJ.

OPINION

DAVIES, Judge.

In this declaratory judgment action, appellant insurance company challenges trial court's denial of a motion for amended findings and conclusions, arguing that coverage on a non-owned vehicle was excluded under the policy because the vehicle was "furnished or available for [the driver's] regular use." We affirm.

FACTS

In May 1993, 17-year-old Nicole Chapeau, while driving her friend Corrina Lende's vehicle, collided...

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