UTICA MUT. INS. CO. v. EMMCO INS. CO.

No. 45460.

243 N.W.2d 134 (1976)

UTICA MUTUAL INSURANCE COMPANY, Respondent, International Jet Division of Investors Growth Industries, etc., Respondent, v. EMMCO INSURANCE COMPANY, Appellant, United States Fire Insurance Company, Respondent, Marquette Agency, Respondent, Investment Dynamics Corporation, Defendant, Brookes-Shettle Agency, Respondent, Joan W. Bennett, Executrix of the Estate of Donald V. Bennett, Respondent, Marguerite L. Olson, as Trustee for the Heirs of Calvin I. Olson, Deceased, et al., Respondents, Nancy L. Warner, et al., Respondents.

Supreme Court of Minnesota.

May 28, 1976.


Attorney(s) appearing for the Case

Dean K. Johnson, Minneapolis, for Utica Mut. Ins. Co., respondent.

Lommen & Cole, and John P. Lommen, Minneapolis, for International Jet Div. of Investors Growth Industries, etc., respondent.

Faegre & Benson and James Fitzmaurice, John H. Hinderaker and William E. Dorigan, Minneapolis, for Emmco Ins. Co., appellant.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, O. C. Adamson II, and James F. Roegge, Minneapolis, for United States Fire Ins. Co., respondent.

Coulter, Nelson & Sullivan, and Mark Sullivan Minneapolis, for Marquette Agency, respondent.

Barnett, Ratelle, Hennessy, VanderVort, Stasel Herzog & W. Scott Herzog, Minneapolis, for Investment Dynamics Corp., defendant, Brookes-Shettle Agency, respondent.

Richards, Montgomery, Cobb & Bassford and Jerome C. Briggs and Lynn G. Truesdell III, Minneapolis, for Joan W. Bennett, Executrix of the Estate of Donald V. Bennett, respondent.

Hvass, Weisman & King, Minneapolis, for Marguerite L. Olson, as Trustee for the Heirs of Calvin I. Olson, Deceased, et al., respondents.

Johnson & Ildstad, Minneapolis, for Nancy L. Warner, et al., respondents.

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


TODD, Justice.

Emmco Insurance Company (Emmco) appeals from an order denying its motion for amended findings or a new trial and from judgment entered in a declaratory judgment action determining that its insurance coverage was primary as to the liability of the operator of an airplane and of its pilot arising out of a crash, and that its coverage applied to claims against the operator and pilot by employees of Investment Dynamics Corporation (IDC) who were injured...

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