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WONG v. AMERICAN FAMILY MUT. INS. CO.

No. C7-96-2200.

576 N.W.2d 742 (1998)

Peter WONG, Respondent, Catherine Wong, Plaintiff, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corp., petitioner, Appellant.

Supreme Court of Minnesota.

April 23, 1998.

Attorney(s) appearing for the Case

William M. Hart, Katherine A. McBride, Meagher & Geer, P.L.L.P., Minneapolis, Bradley D. Lance, Taylor, Harrington, Rerat, Lance & Stofferahn, Maple Grove, for Appellant.

Steven D. Emmings, John W. Carey, Sieben, Grose, Von Holtum, McCoy & Carey, Fairfax, for Respondent.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, Justice.

While driving home to the Twin Cities from a business trip to Wisconsin and northern Minnesota, respondent Peter Wong hit a deer on Highway 169 and was severely injured. Wong filed an uninsured motorist claim with American Family Insurance, claiming that another driver had first hit the deer and left it lying in the highway. American Family denied the claim, and Wong filed suit against the company. At trial, the district court...

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