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AUSTIN P. KELLER CONST. v. COMMERCIAL UNION

Nos. C9-84-1320, C6-84-1291 and C0-84-1271.

379 N.W.2d 533 (1986)

AUSTIN P. KELLER CONSTRUCTION COMPANY, INC., et al., Allen Montgomery, Respondents, v. COMMERCIAL UNION INSURANCE COMPANY, et al., Defendants, North Central Public Service, Respondent, City of Anoka, Defendant, Drew Agency, Inc., Respondent, Maryland Casualty Insurance Company, Petitioner, Appellant, Mission Insurance Company, Defendant. Cedarleaf, Cedarleaf & Cedarleaf, Inc., Respondent, Great American Insurance Company, Defendant.

Supreme Court of Minnesota.

January 17, 1986.

Attorney(s) appearing for the Case

Ronald M. Michaelson, Brian J. Love, Minneapolis, for Maryland Cas. Ins. Co.

Timothy A. Sullivan, Malcolm G. McDonald, St. Paul, for Austin P. Keller Const. and Erwin Montgomery Const. Co.

Dale B. Lindman, Minneapolis, for Allen Montgomery.

Robert M. Frazee, Minneapolis, for North Central Public Service.

John Parringont, Minneapolis, for City of Anoka.

Michael C. Lindberg, Minneapolis, for Drew Agency.

John B. Gordon, Minneapolis, for Mission Ins. Co.

Timothy W. Aldeck, Minneapolis, for Cedarleaf, Cedarleaf, & Cedarleaf.

Michael S. Kreidler, Minneapolis, for Great American Ins. Co.

Gerald W. VonKorff, St. Cloud, for Eleanor Knutson.

Heard, considered and decided by the court en banc.

KELLEY, Justice.

Is an insurer in a contractor's comprehensive general liability insurance policy liable to indemnify and defend the policy named insured from claims arising from a joint venture which had terminated years before the issuance of the policy, where the policy contained an exclusion against claims arising out of conduct of a joint venture of which the insured was a member if the joint venture was not designated in the policy as a named insured? The trial...

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