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STATE OF MINNESOTA IN COURT OF APPEALS A09-1506 Western National Insurance Company, Appellant, vs. Bruce Thompson, et al., Respondents. Filed May 4, 2010 Reversed Shumaker, Judge Hennepin County District Court File No. 27-CV-08-18825

Richard S. Stempel, Christopher M. Drake, Stempel & Doty, PLC., Hopkins, Minnesota (for appellant) Mark A. Karney, Karney & Associates, Minneapolis, Minnesota (for respondents)

Considered and decided by Ross, Presiding Judge; Shumaker, Judge; and Randall, Judge.* SYLLABUS 1. A no-fault automobile insurer may require an insured who makes a claim

under the policy to submit to an examination under oath, as provided for in the contract, and the insureds refusal to do so is a breach of contract as a matter of law absent a

*

Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI,

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