NORTHWESTERN BANK, ETC. v. EMPLOYERS' LIFE INS.

No. 48756.

281 N.W.2d 164 (1979)

NORTHWESTERN BANK OF COMMERCE, Respondent, v. EMPLOYERS' LIFE INSURANCE COMPANY OF AMERICA, Appellant.

Supreme Court of Minnesota.

Rehearing Denied July 16, 1979.


Attorney(s) appearing for the Case

Hanft, Fride, O'Brien & Harries and John D. Kelly, Duluth, for appellant.

Fryberger, Buchanan, Smith, Sanford & Frederick and William D. Sommerness, Duluth, for respondent.

Heard before PETERSON, SCOTT, and KENNEDY, JJ., and considered and decided by the court en banc.


CHARLES W. KENNEDY, Justice.*

Plaintiff, Northwestern Bank of Commerce, loaned money to Lionel Birkeland, who assigned plaintiff a policy of life insurance issued by defendant, Employers' Life Insurance Company of America, as collateral. Defendant promised to notify plaintiff in the event of premium default. The issue is whether defendant is liable for failure to inform plaintiff that Birkeland...

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