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STATE OF MINNESOTA IN COURT OF APPEALS A07-0477 Michael Marchio, Trustee for the Next of Kin of Ida Marchio, Appellant, vs. Western National Mutual Insurance Company, Respondent. Filed April 15, 2008 Reversed and remanded Klaphake, Judge Ramsey County District Court File No. CX-04-6770 Sharon L. Van Dyck, Paul J. Gatto, Van Dyck Law Firm, PLLC, Interchange Tower, Suite 165, 600 Highway 169 South, Minneapolis, MN 55426 (for appellant) Timothy R. Murphy, O'Neill & Murphy, LLP, 1050 Degree of Honor Building, 325 Cedar Street, St. Paul, MN 55101 (for respondent) Considered and decided by Klaphake, Presiding Judge; Halbrooks, Judge; and Schellhas, Judge. SYLLABUS An insurance policy's duplicate payments exclusion that seeks to limit the amount payable for uninsured motorist benefits by the amount paid for liability coverage under the same policy is unenforceable as contrary to the Minnesota No-Fault Automobile Insurance Act, when an insured in a multi-vehicle accident sought uninsured motorist benefits based only on the fault of an uninsured driver.

OPINION KLAPHAKE, Judge Appellant Michael Marchio appeals from the district court's decision granting summary judgment to respondent Western National Mutual Insurance Company on his claim seeking uninsured motorist (UM) benefits. Because the insurance policy's

duplicate payments exclusion, as applied, violates Minn. Stat.

Download A07-477, Michael Marchio, Trustee for the Next of Kin of Ida Marchio, Appellant,

Minnesota Law