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GENERAL CAS. CO. v. OUTDOOR CONCEPTS

No. C7-03-256.

667 N.W.2d 441 (2003)

GENERAL CASUALTY COMPANY OF WISCONSIN, Appellant, v. OUTDOOR CONCEPTS, et al., Respondents.

Court of Appeals of Minnesota.

August 12, 2003.

Attorney(s) appearing for the Case

Michael W. McNee, Andrea E. Reisbord, Cousineau, McGuire & Anderson, Minneapolis, MN, for appellant.

Joel W. Brodd, Brodd Law Firm, LLC, Hudson, WI, for respondents.

Considered and decided by SCHUMACHER, Presiding Judge, RANDALL, Judge, and KALITOWSKI, Judge.

OPINION

KALITOWSKI, Judge.

On appeal from summary judgment, appellant contends that (1) respondent Joe Ebertz was not an "insured" under a commercial automobile policy issued to "Outdoor Concepts Joe Ebertz DBA"; and (2) Ebertz made an election within the meaning of Minn.Stat. § 65B.49, subd. 3a(5) (2002), and is precluded from recovering Personal Injury Protection or Underinsured Motorist benefits under his commercial policy or from otherwise stacking...

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