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AMERICAN NAT. PROPERTY v. LOREN

No. C7-98-2332.

597 N.W.2d 291 (1999)

AMERICAN NATIONAL PROPERTY & CASUALTY CO., Plaintiff-Respondent, v. Norman LOREN, Defendant-Appellant.

Supreme Court of Minnesota.

July 29, 1999.

Attorney(s) appearing for the Case

James A. Lavoie, Lindell & Lavoie, L.L.P., Minneapolis, for defendant-appellant.

James T. Martin, Dan T. Ryerson, Gisslason, Martin & Varpness, P.A., Edina, for plaintiff-respondent.

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

OPINION

PAGE, Justice.

This case comes to us as a certified question from the United States District Court for the District of Minnesota. The question it presents is:

Does an insurance policy's exclusion of underinsured motorist coverage for an insured occupying a motorcycle owned by a resident relative violate Minnesota Statute § 65B.49, subd. 3a?

The material facts of this case are undisputed. On May 10, 1997, appellant Norman Loren...

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