FORCIER v. STATE FARM MUT. AUTO. INS. CO.

No. 51861.

310 N.W.2d 124 (1981)

Richard FORCIER, individually and as Trustee for the heirs of Elvern Forcier and Dolly Forcier and the Special Administrator for the Estates of Elvern Forcier and Dolly Forcier, et al., Respondents, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

Supreme Court of Minnesota.

Rehearing Denied November 25, 1981.


Attorney(s) appearing for the Case

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and M. J. Coyne, Minneapolis, for appellant.

Bartsch & McIntosh, Thomas C. Bartsch and Andrew C. McIntosh, Minneapolis, Walter E. Riordan, Minneapolis, Austin, Roth, Sunde, McDonough & Tierney, Minneapolis, for respondents.

Heard, considered and decided by the court en banc.


SIMONETT, Justice.

The trial court granted summary judgment against State Farm Mutual Automobile Insurance Company, finding that the insurance company had wrongfully applied certain provisions in its auto liability policy to deny benefits to five of its policyholders. In addition, the lower court certified the litigation as a class action. State Farm appeals. We reverse in part, affirm in part, and remand.

In their amended complaint, the five plaintiffs allege...

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