Kersten v. Minnesota Mutual Life Insurance Co.

OPINION

CRIPPEN, Judge.

The trial court dismissed by summary judgment appellant Martin Kersten’s claim that respondent Minnesota Mutual breached its insurance contract when it discontinued payment of disability benefits. Appellant challenges (a) the legal conclusion that his psychological disability is an excluded preexisting condition; and (b) the conclusion on the facts that he failed to prove his disability still existed when disability benefits were terminated.

We reverse and remand for trial proceedings on disputed evidentiary issues.

FACTS

In September 1985, appellant purchased a disability…