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LATTERELL v. PROGRESSIVE NORTHERN INS. CO.

No. A09-1138.

801 N.W.2d 917 (2011)

Gregory LATTERELL, as trustee for the heirs of Jared Travis Boom, decedent, Appellant, v. PROGRESSIVE NORTHERN INSURANCE COMPANY, Respondent, and AIG Insurance Company, Respondent.

Supreme Court of Minnesota.

August 31, 2011.

Attorney(s) appearing for the Case

Michael A. Bryant , Nicole L. Bettendorf , Bradshaw & Bryant, PLLC, Waite Park, Minnesota, for appellant.

Curtis D. Ruwe , Michelle M. Carter , Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minneapolis, Minnesota, for respondent Progressive Northern Insurance Company.

Michael M. Skram , Matthew M. Johnson , Johnson & Condon, P.A., Minneapolis, Minnesota, for respondent AIG Insurance Company.

OPINION

STRAS, Justice.

Appellant Gregory Latterell, on behalf of his stepson Jared Boom's estate, sued respondents Progressive Northern Insurance Company and AIG Insurance Company to recover underinsured motorist (UIM) benefits following Boom's death from a motor vehicle accident. Progressive, the insurer of Boom's vehicle, denied Latterell's claim for UIM benefits because of a business-use exclusion in Boom's insurance policy. The district court granted...

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