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eBook details

• Title: Norton v. Tri-State Insurance Co.
• Author : Minnesota Court of Appeals
• Release Date : January 30, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Reversed and remanded Crippen, Judge OPINION In this declaratory judgment proceeding, appellant Steve Norton contends that he has first-party coverage with two companies for injuries sustained in a December 1994 collision of an uninsured motorist with appellant's Chevrolet automobile. Payment of Norton's claims has been tendered by Austin Mutual Insurance Company, whose policy Norton purchased after he bought the Chevrolet in August 1994. Respondent Tri-State Insurance Company of Minnesota provided uncommon coverage on the same vehicle, its policy having been purchased by the prior owner of the Chevrolet and left in force by the owner because part of the purchase price remained unpaid.1 Appellant disputes the trial court's judgment that it would constitute unlawful judicial stacking to enforce Tri-State's coverage. We reverse, determining that the doctrine of stacking does not deal with two policies written on the same vehicle. We also reverse alternative trial court holdings upholding arguments of Tri-State that its policy contains language whereby (a) coverage is barred for an insured occupant, other than the named insured, who owns the insured vehicle, and (b) it is absolved from the coverage claim because Austin Mutual's policy was closest to the risk; contrary to Tri-State's representations to the trial court, its policy contains no language (a) limiting coverage for an insured occupant who is owner of the insured vehicle or (b) permitting the determination that Austin Mutual's coverage might be considered either exclusive (as respondent represented to the trial court) or primary (as has prompted other applications of the closest-to-the-risk doctrine).

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