Allied Mutual Insurance Co. v. Western National Mutual Insurance Co.

OPINION

PETERSON, Judge.

In this action to determine primacy of uninsured motorist coverage under Minn. *907Stat. § 65B.49, subd. 3a(5) (1988), Western National Mutual Insurance Company argues the district court erred in granting summary judgment for respondent Allied Mutual Insurance Company on grounds that the injured person was occupying the vehicle insured by Western. We affirm.

FACTS1

Appellant Western National Mutual Insurance Company insured a car owned by Malcolm McMillan. Respondent Allied Mutual Insurance Company provided motor vehicle insurance to Marla Decker. Both policies included…