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WASECA MUT. INS. CO. v. NOSKA

No. Cl-82-609.

331 N.W.2d 917 (1983)

WASECA MUTUAL INSURANCE COMPANY, Appellant, v. David NOSKA and Donald Noska, individually and d.b.a. Don's Store, et al., Respondents.

Supreme Court of Minnesota.

April 1, 1983.

Attorney(s) appearing for the Case

Rosenmeier & Anderson and Douglas P. Anderson, Little Falls, Blethen, Gage, Krause, Blethen, Corcoran, Berkland & Peterson, and Bailey W. Blethen, Mankato, for appellant.

Rider, Bennett, Egan & Arundel, Richard H. Krochock and Kevin C. Dooley, Minneapolis, for David Noska and Donald Noska, individually and d.b.a. Don's Store and Illinois Farmers Ins.

Peter Irvine, Perham, for David Noska.

David Stowman, Detroit Lakes, for Donald Noska.

Gregory Peters, Long Prairie, for Lawrence John Smith and Iona Marie Smith.

Richard N. Jeffries and Jeffrey R. Hannig, Moorhead, for Halan F. Killian and Myrna Killian.

Michael J. Ford, St. Cloud, for State Farm Fire and Cas. Co. and George A. Melin, Jr., et al.

Neal Lano, Grand Rapids, for Shelby Mut. Ins. Co.

Hubert H. Humphrey III, Atty. Gen., and Carl M. Conney, Sp. Asst. Atty. Gen., St. Paul, for State.

Richard C. Hefte, Fergus Falls, for Melvin Etzler, et al.

Heard, considered, and decided by the court en banc.

PETERSON, Justice.

I.

Waseca Mutual Insurance Company (Waseca Mutual), plaintiff in a declaratory judgment action, appeals from an order ruling that it, as homeowner's insurer for defendant David Noska (Noska) rather than Illinois Farmers Insurance Company (Illinois Farmers), the liability insurer of Noska's automobile, must defend and indemnify Noska for liability arising out of extraordinary fires caused by Noska's negligence. Waseca Mutual further appeals...

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