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AUTO OWNERS INS. v. NORTHSTAR MUT. INS.

No. 49300.

281 N.W.2d 700 (1979)

AUTO OWNERS INSURANCE COMPANY, Appellant, v. NORTHSTAR MUTUAL INSURANCE COMPANY, Respondent, Bradley Rice, et al., Defendants, Colleen Zimny, et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied July 20, 1979.

Attorney(s) appearing for the Case

Schmidt, Thompson & Thompson and J. E. Thompson, Willmar, for appellant.

Arvesen, Donoho, Lundeen, Hoff, Svingen & English and Norman D. Arvesen, Fergus Falls, for Northstar Mut. Ins. Co.

George Gaffaney, Alexandria, for Zimny, et al.

Considered and decided by the court without oral argument.

TODD, Justice.

Stuart Mackechney was operating a boat owned by Bradley Rice. There was a collision with another boat. Auto Owners Insurance Company (Auto Owners) insured Mackechney under a homeowner's policy. Northstar Mutual Insurance Company (Northstar) insured Rice as owner of the boat under a comprehensive liability policy which also covered Mackechney as a permissive user. Both policies contained an "excess insurance...

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