JOHN DEERE INS. CO. v. PENNA

No. C8-87-1355.

416 N.W.2d 820 (1987)

JOHN DEERE INSURANCE COMPANY, Respondent, v. Andrew PENNA, Brenda Linder, Appellants, Andreas Charles Penna, putative child of Andrew Penna, and Brenda Linder, et al., Defendants.

Court of Appeals of Minnesota.

December 15, 1987.


Attorney(s) appearing for the Case

Lawrence M. Rocheford, Jardine, Logan & O'Brien, St. Paul, Thomas M. Countryman, for John Deere Ins. Co.

Seth R. Phillips, Newport, for Andrew Penna.

David P. Sullivan, Bye, Boyd, Andresen & Sullivan, Duluth, for Brenda Linder.

Heard, considered and decided by WOZNIAK, P.J. and FORSBERG and STONE, JJ.


OPINION

BRUCE C. STONE, Judge.

This is an appeal of a summary judgment determination that respondent insurer, John Deere Insurance Company, has no duty to defend or indemnify the insured, Andrew Penna, in a negligence action brought by Brenda Linder for injuries sustained in a sky-diving accident.

Appellants argue that the trial court misconstrued the exclusionary language of the policy and improperly granted summary judgment for respondent insurer...

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