STATE FARM FIRE AND CAS. CO. v. WILLIAMS

No. C7-83-1077.

355 N.W.2d 421 (1984)

STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. Tony WILLIAMS, Defendant, Harry Keller, Respondent.

Supreme Court of Minnesota.

August 10, 1984.


Attorney(s) appearing for the Case

R.D. Blanchard, Laura S. Underkuffler, Minneapolis, for appellant.

David Hvistendahl, Northfield, for Keller.

Edward R. Soshnik, Minneapolis, for Williams.

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


KELLEY, Justice.

In this declaratory judgment action, appellant State Farm Fire and Casualty Company (State Farm) seeks to avoid its duties of defense and indemnity under a homeowner's insurance policy issued to respondent Harry Keller. In a separate action brought by Tony Williams (the main action), Williams alleges that Keller assaulted and battered him and inflicted emotional distress by committing nonconsensual sexual acts upon him.1

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