FIREMAN'S FUND INS. CO. v. HILL

No. 81-131.

314 N.W.2d 834 (1982)

FIREMAN'S FUND INSURANCE COMPANY, Appellant, v. James A. HILL, Respondent, Dean William Kalenda, etc., et al., Respondents.

Supreme Court of Minnesota.

January 22, 1982.


Attorney(s) appearing for the Case

Cragg & Bailly and David A. Bailly, Minneapolis, for appellant.

Susan A. Short, Legal Aid Clinic, Minneapolis, for Hill.

Wayne J. Salita, Minneapolis, for Kalenda, et al.

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


TODD, Justice.

The Fireman's Fund Insurance Company brought a declaratory judgment action to determine whether certain sexual activities engaged in by its insured, James Hill, were covered under a homeowner's policy which excludes "bodily injury or property damage which is either expected or intended from the standpoint of the insured." The trial court found that Fireman's Fund was obligated to defend James Hill in the civil action brought on behalf of the foster...

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