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MARCHIO v. WESTERN NAT. MUT. INS. CO.

No. A07-0477.

747 N.W.2d 376 (2008)

Michael MARCHIO, Trustee for the Next of Kin of Ida Marchio, Appellant, v. WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

April 15, 2008.

Attorney(s) appearing for the Case

Sharon L. Van Dyck, Paul J. Gatto, Van Dyck Law Firm, PLLC, Minneapolis, MN, for appellant.

Timothy R. Murphy, O'Neill & Murphy, LLP, St. Paul, MN, for respondent.

Considered and decided by KLAPHAKE, Presiding Judge; HALBROOKS, Judge; and SCHELLHAS, Judge.

OPINION

KLAPHAKE, Judge.

Appellant Michael Marchio appeals from the district court's decision granting summary judgment to respondent Western National Mutual Insurance Company on his claim seeking uninsured motorist (UM) benefits. Because the insurance policy's duplicate payments exclusion, as applied, violates Minn.Stat. § 65B.49, subd. 3a (2006), we reverse and remand.

FACTS

Decedent Ida Marchio was a passenger in a car driven by...

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