TORBERT v. ANDERSON

No. 44640.

222 N.W.2d 341 (1974)

Robert TORBERT, Plaintiff, v. Earl G. ANDERSON, Defendant and Third-Party Plaintiff, Appellant. Dan ANDERSON, a.k.a. Daniel Anderson, a Minor, by Barbara Anderson, his Mother and Natural Guardian, Defendant and Third-Party Plaintiff, v. AETNA CASUALTY AND SURETY COMPANY, Third-Party Defendant and Fourth-Party Plaintiff, Respondent, v. LEWIS-THOMPSON AGENCY, INC., Fourth-Party Defendant, Respondent.

Supreme Court of Minnesota.

October 11, 1974.


Attorney(s) appearing for the Case

Oppenheimer, Wolff, Foster, Shepard & Donnelly and Michael Berens, St. Paul, for appellant.

Faegre & Benson and G. Alan Cunningham and Joseph M. Price, Minneapolis, for Aetna Cas.

Richards, Montgomery Cobb & Bassford, Minneapolis, for Lewis-Thompson Agency.

Heard before SHERAN, C.J., and OTIS and TODD, JJ., and considered and decided by the court en banc.


OTIS, Justice.

This litigation arises out of injuries sustained by plaintiff when he was hit by a boat operated by Dan Anderson and owned by his father, Earl G. Anderson. The Andersons have settled with plaintiff and claim coverage under a homeowners policy issued by Aetna Casualty and Surety Company. The trial court determined that the accident came within an exclusion of the policy and Earl Anderson appeals. We affirm.

The facts are undisputed. On September...

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