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FINTEL v. TRI-STATE INS. CO. OF MINN.

No. 48794.

281 N.W.2d 875 (1979)

Frederick L. FINTEL, Respondent, v. TRI-STATE INSURANCE COMPANY OF MINNESOTA, Appellant, and State Morristown Agency, Inc., Respondent.

Supreme Court of Minnesota.

July 27, 1979.

Attorney(s) appearing for the Case

Dudley & Smith and Patrick M. Flynn, St. Paul, for appellant.

Lampe, Fossum, Jacobson & Borene, Northfield, for Fintel.

Watson, Gilsdorf, Jacobberger & Kelley and Fred R. Jacobberger, Minneapolis, for State Morristown Agency, Inc.

Considered and decided by the court en banc without oral argument.

ROGOSHESKE, Justice.

In this action to recover for a fire loss alleged to have been insured under an oral contract made by defendant State Morristown Agency, Inc. (Morristown) as agent for defendant Tri-State Insurance Company of Minnesota (Tri-State), Tri-State appeals from the denial of its motion for a new trial and from the judgment in plaintiff's favor on the claimed insurance contract and in Morristown's favor on Tri-State's cross-claim for indemnity. We affirm...

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