DiLUZIO v. HOME MUT. INS. CO.

Nos. 49886, 49967.

289 N.W.2d 749 (1980)

Pauline J. DiLUZIO, trustee for the heirs of Robert C. DiLuzio, decedent, Respondent, v. HOME MUTUAL INSURANCE COMPANY, Appellant (49967). Appeal of AMERICAN FAMILY MUTUAL INSURANCE COMPANY (49886).

Supreme Court of Minnesota.

February 8, 1980.


Attorney(s) appearing for the Case

Cousineau, McGuire, Shaughnessy & Anderson and Harold J. W. Sweet, Minneapolis, for Home Mut. Ins. Co.

Peterson, Bell & Converse and Willard L. Converse, St. Paul, for American Family Mut. Ins. Co.

James R. Schwebel, Minneapolis, Gregory P. N. Joseph, New York City, for respondent.

Heard, considered, and decided by the court en banc.


SCOTT, Justice.

This is an appeal from a summary judgment of the Hennepin County District Court in favor of plaintiff, Pauline DiLuzio. As trustee for the heirs of Robert C. DiLuzio, she brought this action against two defendant insurance companies, Home Mutual Insurance Company ("Home Mutual") and American Family Mutual Insurance Company ("American Family"), alleging that she was entitled to recover insurance proceeds from uninsured motorist policies issued by them...

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