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WESTERN NAT. MUT. INS. CO. v. AUTO-OWNERS INS. CO.

No. 44044.

220 N.W.2d 362 (1974)

WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Respondent, v. AUTO-OWNERS INSURANCE COMPANY, et al., Appellants, Diana L. Allen, a Minor, by Eugene L. Allen, Her Father and Natural Guardian, et al., Respondents, Terryl Lynn Ehlert, a Minor, Appearing by Melvin E. Ehlert, Her Father and Natural Guardian, et al., Respondents, Michele Elaine Ehlert, Defendant.

Supreme Court of Minnesota.

July 19, 1974.

Attorney(s) appearing for the Case

Mordaunt, Walstad, Cousineau & McGuire, and Henry A. Cousineau, Jr., Minneapolis, for appellants.

Hall, Joyce & McHaffie, and Richard T. McHaffie, St. Paul, for Western.

Hvass, Weisman, King & Allen, and Charles T. Hvass, Minneapolis, for Allen.

DeParcq, Anderson, Perl & Hunegs, Minneapolis, for Ehlert.

Heard before SHERAN, C.J., and KELLY, TODD, and MacLAUGHLIN, JJ., and considered and decided by the court.

MacLAUGHLIN, Justice.

Plaintiff, Western National Mutual Insurance Company, brought a declaratory judgment action in which it sought a determination that defendant Auto-Owners Insurance Company erred in denying liability coverage to its insured, defendant Harry Hanson, and his subpermittee, Michele Ehlert, for claims arising out of an accident in July 1970. The trial court, sitting without a jury, found that the denial...

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