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MIDWEST FAMILY MUT. INS. CO. v. SCHMITT

Nos. C8-02-563, C8-02-580.

651 N.W.2d 843 (2002)

MIDWEST FAMILY MUTUAL INSURANCE COMPANY, Depositors Insurance Company, Respondents, v. Douglas SCHMITT, et al., Defendants, Tracy Olene, Appellant.

Court of Appeals of Minnesota.

October 8, 2002.

Attorney(s) appearing for the Case

Michael J. Tomsche, Bryan B. Carroll, Tomsche, Sonnesyn & Tomsche, P.A., Minneapolis, MN, for respondent Midwest.

Robert E. Kuderer, Teresa M. Thompson, Johnson & Condon, P.A., Minneapolis, MN, for respondent Depositors.

James A. Terwedo, Jordan, MN, for defendants.

John P. Clifford, Meshbesher & Spence, Woodbury, MN, for appellant.

Considered and decided by G. BARRY ANDERSON, Presiding Judge, TOUSSAINT, Chief Judge, and HUDSON, Judge.

OPINION

HUDSON, Judge.

Respondents Depositors Insurance Company (Depositors) and Midwest Family Mutual Insurance Company (Midwest Family) each brought declaratory-judgment actions seeking a declaration that the respective homeowner's insurance policies issued by them did not provide coverage for appellant's injuries. Appellant (Tracy Olene) and the insureds, Douglas and Mathias Schmitt, were attempting to lift Olene's car off of a flatbed trailer and move...

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