Legal Opinion

Sandra Castillo as Personal Representative of the Estate of Jose Luis Estrada-Martinez v. American Standard Insurance Company of Wisconsin

Court of Appeals of Minnesota

Decided January 17, 2017No. A16-1002Published

1Opinion of the Court

OPINION

JESSON, Judge

Jose Luis Estrada-Martinez died from carbon monoxide poisoning while repairing a customer’s tire inside his truck on a winter evening. In this no-fault action seeking personal-injury-protection benefits, appellant challenges the district court’s grant of summary judgment to respondent insurer. Because Estrada-Martinez’s death arose from conduct occurring on his business premises, so that the relevant statutory exclusion from coverage under Minnesota Statutes section 65B.43, subdivision 3, applies, we affirm.

FACTS

The undisputed facts establish that on December 12, 2013,…

2Cases cited13 opinions

  1. American Family Insurance Group v. SchroedlSupreme Court of Minnesota · 2000
  2. Continental Western Insurance Co. v. KlugSupreme Court of Minnesota · 1987
  3. Schwartz v. Helms Bakery LimitedCalifornia Supreme Court · 1967
  4. Staab v. Diocese of St. CloudSupreme Court of Minnesota · 2012
  5. Swanson v. BrewsterSupreme Court of Minnesota · 2010

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