Kuennen v. Citizens Security Mutual Insurance Company

SCOTT, Justice.

Defendant Citizens Security Mutual Insurance Company (Citizens) appeals from a summary judgment in favor of plaintiff Deborah Kuennen in this suit to recover insurance benefits. The sole issue on appeal is whether this case is controlled by our recent decision in Roepke v. Western National Mutual Insurance Co., 302 N.W.2d 350 (Minn.1981). We hold that it is not and, accordingly, reverse.

On May 9, 1981, David Kuennen, plaintiffs husband, was killed in an automobile accident. At the time of his death he was driving a 1978 Cadillac owned by Copy Systems, Inc. and insured by it…