Legal Opinion
Benike v. Dairyland Insurance Co.
Court of Appeals of Minnesota
Decided October 14, 1994No. C5-94-330PublishedCited by 5 opinions
1Opinion of the Court
OPINION
KALITOWSKI, Judge.
Appellant Dairyland Insurance Company (Dairyland) contends the district court erred in concluding that respondent Alton W. Be-nike’s injuries arose out of the use or maintenance of a motor vehicle.
FACTS
On October 5,1991, Scott Ohm lost control of his car while traveling on a county road and went into a ditch. The car struck and broke a utility pole, which came to rest on Ohm’s car, leaving live power lines hanging down approximately five feet off the ground. Ohm crawled out of his car and assisted two passengers. Ohm then walked to the road and flagged down an…
2Cases cited11 opinions
- State Ex Rel. Cooper v. FrenchSupreme Court of Minnesota · 1990
- Haagenson v. National Farmers Union Property & Casualty Co.Supreme Court of Minnesota · 1979
- Continental Western Insurance Co. v. KlugSupreme Court of Minnesota · 1987
- Holm v. Mutual Service Casualty Insurance Co.Supreme Court of Minnesota · 1977
- Tlougan v. Auto-Owners Insurance Co.Supreme Court of Minnesota · 1981
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Steinfeldt v. AMCO Insurance Co.Court of Appeals of Minnesota · 1999
- Alexis v. State Farm Mutual Automobile Insurance Co.Court of Appeals of Minnesota · 2005
- Alexis v. State Farm Mutual Automobile Insurance Co.Court of Appeals of Minnesota · 2005
- Benike v. Dairyland Insurance Co.Court of Appeals of Minnesota · 1994
- Tillery v. League General Insurance Co.Court of Appeals of Minnesota · 1998