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AMERICAN FAMILY MUT. INS. CO. v. PETERSON

No. C8-85-1187.

393 N.W.2d 212 (1986)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Petitioner, Appellant, v. Stephen O'Dean PETERSON, Lana L. Kelsey, Respondents.

Court of Appeals of Minnesota.

Review Granted November 19, 1986.

Attorney(s) appearing for the Case

Frederic N. Brown, Daniel F. Ruffalo, Rochester, for appellant.

Jeffrey A. Hanson, Peggy Sue Juergens, Dunlap, Keith, Finseth, Berndt & Sandberg, P.A., Rochester, for Stephen O'Dean Peterson.

Steven S. Fuller, O'Brien, Ehrick, Wolf, Deaner & Downing, Rochester, for Lana Kelsey.

Considered and decided by LESLIE, P.J., and WOZNIAK and CRIPPEN, JJ., with oral argument waived.

OPINION

WOZNIAK, Judge.

Respondent Lana Kelsey was injured on August 29, 1981, by respondent Stephen Peterson when Peterson struck her on the head with a hammer. She commenced a lawsuit against Peterson, which he tendered for defense to his homeowner's insurance company, appellant American Family. American Family initiated a declaratory judgment action to determine whether Peterson's actions came within the intentional...

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