CONTINENTAL WESTERN INS. CO. v. TOAL

Nos. 45813, 45833.

244 N.W.2d 121 (1976)

CONTINENTAL WESTERN INSURANCE COMPANY, Respondent, v. Darryl TOAL, a. k. a. Tony Johnson, et al., Appellants, Beatrice E. Erickson, Individually and as Trustee for the Heirs and Next of Kin of Daniel Paul Erickson, Deceased, Appellant, and TRAVELERS INSURANCE COMPANY, Respondent, v. James Edwin ROSS, Appellant, Beatrice E. Erickson, Individually and as Trustee for the Heirs and Next of Kin of Daniel Paul Erickson, Deceased, Appellant.

Supreme Court of Minnesota.

June 18, 1976.


Attorney(s) appearing for the Case

MacIntosh, Commers & Rex Lawrence Commers and Bruce P. Barten, Minneapolis, for Toal.

Donald H. Nichols, Minneapolis, for Ross.

Cragg & Bailly and Robert S. Cragg, Minneapolis, for Erickson.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, O. C. Adamson II, and Thomas L. Adams, Minneapolis, for Cont. Western.

Richards, Montgomery, Cobb & Bassford and Lynn G. Truesdell III, Minneapolis, for Travelers Ins. Co.

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


MacLAUGHLIN, Justice.

These are declaratory judgment actions by respondents, Continental Western Insurance Company and Travelers Insurance Company, seeking a determination of no insurance coverage for a killing which occurred during the course of an armed robbery by their insureds. A jury returned a special verdict finding that the killing was "expected or intended from the standpoint of [the insureds]" who were willing participants in the armed robbery. The trial...

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