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INSURANCE COMPANY OF NORTH AMERICA v. ALLEN

No. 3-68 Civ. 209.

304 F.Supp. 901 (1969)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, v. Gerald E. ALLEN, also known as Gerald R. Allen and the Farmers Insurance Group, also known as Truck Insurance Exchange, Defendants.

United States District Court D. Minnesota, Third Division.

October 24, 1969.

Attorney(s) appearing for the Case

Jardine, Logan & O'Brien, by John R. O'Brien, St. Paul, Minn., for plaintiff.

Rider, Bennett, Egan, Johnson & Arundel, by Chester D. Johnson, Minneapolis, Minn., for defendant Farmers Ins. Group a/k/a Truck Insurance Exchange.

NEVILLE, District Judge.

This case involves exclusionary language in a liability insurance policy issued by defendant Farmers Insurance Group also known as Truck Insurance Exchange (TIE) to Pacific Intermountain Express Company (PIE) as the named insured, reading in pertinent part as follows:

"* * * it is agreed that the insurance for Bodily Injury Liability * * * does not apply to injury * * * which arises out of the loading or unloading of an automobile...

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