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FIREMEN'S INS. CO. OF NEWARK, N. J. v. VIKTORA

No. 81-467.

318 N.W.2d 704 (1982)

FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, Respondent, v. David VIKTORA, et al., etc., Appellants, and Sandra Olson, et al., Defendants.

Supreme Court of Minnesota.

April 30, 1982.

Attorney(s) appearing for the Case

Arthur, Chapman & Michaelson and Robert Kettering, Minneapolis, Darrold E. Persson, Hibbing, for appellants.

Hanft, Fride, O'Brien & Harries, Duluth, for respondent.

Considered and decided by the court en banc without oral argument.

WAHL, Justice.

Firemen's Insurance Company of Newark, New Jersey (Firemen's) sought a judicial determination pursuant to Minn.Stat. c. 555 (1980) that defendant David Viktora was not an insured under his parents' homeowner's liability insurance policy and that, therefore, Firemen's had no duty to defend or indemnify Viktora in the action commenced against him by defendant Sandra Olson. The question before the district court, and before us, is whether, at the time...

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