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HICKMAN v. SAFECO INS. CO. OF AMERICA

No. A03-2042.

695 N.W.2d 365 (2005)

Dennis HICKMAN, Appellant, v. SAFECO INSURANCE COMPANY OF AMERICA, a foreign corporation, Respondent, Guaranty Residential Lending, Inc., a foreign corporation, Respondent.

Supreme Court of Minnesota.

May 5, 2005.

Attorney(s) appearing for the Case

Patrick J. Neaton, Neaton & Puklich, P.L.L.P., Minnetonka, MN, for Appellant.

Marlene S. Garvis, Jardine, Logan & O'Brien, P.L.L.P., Lake Elmo, MN, for respondent SAFECO Ins. Co.

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

OPINION

MEYER, Justice.

The issue in this case is whether appellant Dennis Hickman (Hickman) is a third-party beneficiary of an insurance contract under the "intent to benefit" test. Hickman had a mortgage on his home with respondent Guaranty Residential Lending, Inc. (Guaranty).1 When Hickman failed to provide proof of insurance as required under the mortgage agreement, Guaranty purchased a fire and windstorm insurance policy...

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