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MUTUAL SERV. CAS. v. LEAGUE OF MN CITIES

No. CX-01-1929.

659 N.W.2d 755 (2003)

MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Respondent, v. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST, Petitioner, Appellant.

Supreme Court of Minnesota.

April 24, 2003.

Attorney(s) appearing for the Case

Charles E. Gillin, Stephen F. Buterin, Jardine, Logan & O'Brien, P.L.L.P., Lake Elmo, MN, for League of Minnesota Cities Insurance Trust.

Jack D. Moore, Moore, Warner & Kruger, St. Paul, MN, for Mutual Service Casualty Insurance Company.

Michael C. Snyder, Pamela J. Spaulding, Meshbesher & Spence, Ltd., Minneapolis, MN, for Minnesota Trial Lawyers Association (Amicus Curiae).

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

OPINION

HANSON, Justice.

A City of Rochester police officer driving a marked patrol car struck a pedestrian, who sustained injuries that resulted in $33,340.92 in medical expenses. The pedestrian's insurer brought a declaratory judgment action against the city's insurer to require it to pay the first $20,000 of the pedestrian's basic economic loss benefits on the grounds that the city's insurer has first priority coverage under Minnesota's No-Fault Automobile...

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