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AUTO OWNERS INS. CO. v. PERRY

No. A06-1235.

749 N.W.2d 324 (2008)

AUTO OWNERS INSURANCE COMPANY, Respondent, v. Chong Suk PERRY, Appellant.

Supreme Court of Minnesota.

May 29, 2008.

Attorney(s) appearing for the Case

Michael Alen Bryant, Bradshaw & Bryant, PLLC, Waite Park, MN, for Appellant.

Judith Ann Mlinar Seeberger, Reding & Pilney PLLP, Lake Elmo, MN, for Respondent.

Philip Andres Duran, Minneapolis, MN, for Outfront MN Amicus.

James S. Ballentine, Schwebel, Goetz & Sieben, PA, Minneapolis, MN, for MN Assoc. for Justice Amicus.

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

OPINION

ANDERSON, G. BARRY, Justice.

Appellant Chong Suk Perry applied to respondent Auto Owners Insurance Company for survivors' economic loss benefits after her boyfriend, Daniel Savage, with whom she resided, died in a motor vehicle accident. Auto Owners denied Perry's claim, and Perry petitioned for arbitration. After staying arbitration, the district court granted Auto Owners' motion for summary judgment. The court of appeals held that the district...

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