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MITSCH v. AMERICAN NAT. PROPERTY & CAS.

No. A06-1626.

736 N.W.2d 355 (2007)

Theresa Mary MITSCH, Appellant, v. AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY, Respondent.

Court of Appeals of Minnesota.

July 31, 2007.

Attorney(s) appearing for the Case

Sharon L. Van Dyck, James G. Weinmeyer, Schwebel, Goetz & Sieben, P.A., Minneapolis, MN, for appellant.

Klay C. (KC) Ahrens, Elizabeth E. Caturia, Hellmuth & Johnson, PLLC, Eden Prairie, MN, for respondent.

Considered and decided by HALBROOKS, Presiding Judge; LANSING, Judge; and HUDSON, Judge.

OPINION

HALBROOKS, Judge.

Appellant challenges the district court's decision to dismiss on summary judgment her claim seeking underinsured-motorist (UIM) benefits under an insurance policy issued by respondent American National Property and Casualty Company (ANPAC). Because (1) the application of that covered policy's reducing clause in this context violates Minn.Stat. § 65B.49, subd. 4a (2006), and (2) appellant's claim for UIM benefits does not result...

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