BITUMINOUS CAS. CORP. v. BARTLETT

No. 45449.

240 N.W.2d 310 (1976)

BITUMINOUS CASUALTY CORPORATION, Appellant, v. Lance BARTLETT, Respondent.

Supreme Court of Minnesota.

January 23, 1976.


Attorney(s) appearing for the Case

Maun, Hazel, Green, Hayes, Simon & Aretz and Geoffrey P. Jarpe, St. Paul, for appellant.

Kempf, Miller & Ticen and Thomas A. Miller, Bloomington, for respondent.

Heard before PETERSON, KELLY, and MacLAUGHLIN, JJ., and considered and decided by the court en banc.


KELLY, Justice.

Plaintiff insurer appeals from a judgment of the district court declaring that it must defend its insured on a counterclaim interposed against him in his lien foreclosure action. We reverse.

The facts are not in dispute. Plaintiff, Bituminous Casualty Corporation, issued a comprehensive general liability insurance policy to defendant, Lance Bartlett, a brick and masonry construction contractor.1 That policy was...

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