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WOODLAND MUT. FIRE INS. CO. v. PALMI

No. C3-84-2253.

366 N.W.2d 125 (1985)

WOODLAND MUTUAL FIRE INSURANCE COMPANY, the Reinsurance Association of Minnesota, Northstar Mutual Insurance Company, Joint Appellants, v. David C. PALMI, et al., James Larson, et al., County of St. Louis, Ronald E. Jokimaki, Respondents.

Court of Appeals of Minnesota.

Review Denied June 27, 1985.

Attorney(s) appearing for the Case

Paul J. Wocken, Willenbring, Lickteig & Dahl, Cold Spring, for Woodland Mut. Fire Ins. Co.

Charles H. Becker, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for Northstar Mut. Ins. Co.

Dennis R. Johnson, Michael C. Snyder, Meshbesher, Singer & Spence, Ltd., Minneapolis, for Palmi et al.

Wayne E. Gilbert, Falsani, Balmer & Berglund, Duluth, for Larson et al.

Barbara A. Russ, Duluth, for St. Louis County.

Edward A. Litman, Duluth, for Jokimaki.

Heard, considered and decided by POPOVICH, C.J., and LANSING and FORSBERG, JJ.

OPINION

FORSBERG, Judge.

This is a declaratory judgment action to determine insurance coverage where the insureds are alleged to have committed an assault. The trial court certified the following questions as important and doubtful, Minn.R.Civ.App.P. 103.03(h):

1. Did the fireman's rule apply to police officers on or about September 16, 1979? 2. If number 1 is in the affirmative, then was there an exception to the fireman's rule for: a...

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