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Jepson v. General Casualty Co. of Wisconsin

Minnesota Supreme Court
513 N.W.2d 467 (1994)


Timothy Jepson (plaintiff) was domiciled in Minnesota and owned a business in North Dakota when he was injured in an Arizona automobile accident. He filed suit in North Dakota against the other driver and the driver’s insurer. The suit was settled. Jepson then filed a declaratory judgment action in Minnesota seeking a declaration that he was entitled to “stacked” benefits pursuant to an insurance policy issued to his North Dakota business by General Casualty Co. of Wisconsin (General Casualty) (defendant). The policy covered seven vehicles, six of which were registered in North Dakota and one in Indiana. It had been obtained through a Minnesota agent on behalf of Jepson, his spouse, and two North Dakota corporations. One of the North Dakota companies paid the premiums, which were based on North Dakota rates. Had Minnesota rates applied, the premiums would have been substantially higher. At the time of Jepson’s accident, Minnesota permitted insurance benefits covering more than one vehicle to be stacked. North Dakota did not allow stacking. The trial court applied Minnesota law; its decision was affirmed. General Casualty appealed.

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