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CASPERSEN v. WEBBER

Nos. 43822 and 44133.

213 N.W.2d 327 (1973)

Janet Coveny CASPERSEN, Appellant-Respondent, v. Richard J. WEBBER, Defendant and Third-Party Plaintiff, Respondent-Appellant, v. INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY OF INDIANAPOLIS, INDIANA, Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

December 7, 1973.

Attorney(s) appearing for the Case

Robb, Van Eps and Gilmore and Don James Chantry, Minneapolis, for Caspersen.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp and Brennan, O. C. Adamson II, and Mary Jeanne Coyne, Minneapolis, for Webber.

Peterson & Holtze, Robert C. Holtze, and Paul M. Heim, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and OTIS, KELLY, and GILLESPIE, JJ.

KELLY, Justice.

Pursuant to Rule 105, Rules of Civil Appellate Procedure, we granted plaintiff discretionary review of an order granting defendant a new trial unless a remittitur was agreed to and denying defendant coverage under an insurance policy issued by Indiana Lumbermens Mutual Insurance Company. Defendant has appealed from the judgment entered. We reverse in part and affirm in part.

The incident which resulted in plaintiff's injuries occurred on November...

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