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HOLMSTROM v. ILLINOIS FARMERS INS. CO.

No. C4-01-78.

631 N.W.2d 102 (2001)

Linda HOLMSTROM, as Trustee for the Estate of Bradley Scott Holmstrom, Deceased, Plaintiff, v. ILLINOIS FARMERS INSURANCE COMPANY, an Illinois corporation, licensed to do business in the State of Minnesota, Respondent, and Viking Insurance Company of Wisconsin, Appellant.

Court of Appeals of Minnesota.

July 10, 2001.

Attorney(s) appearing for the Case

Robert William Roe, Maplewood, (for plaintiff).

Burke Jerome Ellingson, Brendel and Zinn, Ltd., St. Paul, (for respondent Illinois Farmers Insurance Co.).

David H. Oskie, Walter G. Bauch, Oskie & Bauch, P.A., St. Paul, (for appellant Viking Insurance Company of Wisconsin).

Considered and decided by RANDALL, Presiding Judge, TOUSSAINT, Chief Judge, and ANDERSON, Judge.

OPINION

TOUSSAINT, Chief Judge

Appellant Viking Insurance Company challenges summary judgment in favor of respondent Illinois Farmers Insurance Company, arguing the district court erred in applying the closeness to the risk analysis to excess underinsured motorist coverage sought where the injured person was not an occupant of a motor vehicle or motorcycle. Because Minn.Stat. § 65B.49, subd. 3a(5) (2000), specifically allows injured pedestrians seeking...

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