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KERSTEN v. MINNESOTA MUT. LIFE INS. CO.

No. C6-98-2080.

594 N.W.2d 263 (1999)

Martin John KERSTEN, Appellant, v. The MINNESOTA MUTUAL LIFE INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

June 1, 1999.

Attorney(s) appearing for the Case

Robert E. Wilson, Minneapolis, for appellant.

James R. Crassweller, Christopher J. Melsha, Doherty, Rumble & Butler, P.A., St. Paul, for respondent.

Considered and decided by CRIPPEN, Presiding Judge, AMUNDSON, Judge, and, SHUMAKER, Judge.

OPINION

CRIPPEN, Judge.

The trial court dismissed by summary judgment appellant Martin Kersten's claim that respondent Minnesota Mutual breached its insurance contract when it discontinued payment of disability benefits. Appellant challenges (a) the legal conclusion that his psychological disability is an excluded preexisting condition; and (b) the conclusion on the facts that he failed to prove his disability still existed when disability benefits were...

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