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WESTERN WORLD INS. CO., INC. v. HALL

No. C4-84-382.

353 N.W.2d 221 (1984)

WESTERN WORLD INSURANCE COMPANY, INC., Appellant, v. Darlene HALL, Respondent, and SHARONA CORPORATION and Andrew Care Home, Inc., its predecessor in interest, third party plaintiffs, Respondents, v. John A. LIETZKE, individually, and Brandow, Howard, Kollar and Rosenbloom, Inc., third party defendants, Respondents.

Court of Appeals of Minnesota.

August 21, 1984.

Attorney(s) appearing for the Case

Robert E. Salmon, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for appellant.

Paul W. Bergstrom, Meshbesher, Singer & Spence, Minneapolis, for respondent Hall.

James D. Miller, Broeker, Hartfeldt, Hedges & Grant, Minneapolis, for respondents Sharona Corp. et al.

David A. Bailly, Cragg & Bailly, Ltd. Minneapolis, for respondent Lietzke.

Heard, considered and decided by PARKER, P.J., and FOLEY, and HUSPENI, JJ.

OPINION

PARKER, Judge.

Western World Insurance Company appeals a declaratory judgment holding that the company has a duty to defend and indemnify Sharona Corporation and Andrew Care Home (insureds) from negligent care claims brought against them by Darlene Hall. Hall, a mental patient, sued the insureds for injuries suffered when she jumped or fell from a fifth floor window of the home. Western World contends that (1) it has no duty to defend and indemnify...

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