LOBECK v. STATE FARM MUT. AUTO. INS. CO.

No. CX-97-421.

582 N.W.2d 246 (1998)

Joshua Richard LOBECK, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Respondent, West Bend Mutual Automobile Insurance Co., petitioner, Appellant.

Supreme Court of Minnesota.

July 30, 1998.


Attorney(s) appearing for the Case

Ronald L. Snelling, Snelling, Christensen & Laue, P.A., Minneapolis, for appellant.

Roderick D. Blanchard, William M. Hart, Katherine A. McBride, Meagher & Geer, P.L.L.P., Minneapolis, for State Farm.

Dale M. Wagner, Christopher R. Morris, Bassford, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for West Bend.

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


OPINION

PAUL H. ANDERSON, Justice.

The question we must answer in this case is straightforward: is a provision in an automobile insurance policy valid and enforceable when it excludes coverage for an insured if the insured's liability to a third party arises while the insured was driving a vehicle without permission? The Hennepin County District Court concluded that such an exclusion was valid and enforceable and granted summary judgment for the insurance...

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