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INTERSTATE FIRE & CAS. v. AUTO-OWNERS INS.

No. C5-87-1877.

433 N.W.2d 82 (1988)

INTERSTATE FIRE & CASUALTY COMPANY, Respondent, v. AUTO-OWNERS INSURANCE COMPANY, Petitioner, Appellant.

Supreme Court of Minnesota.

December 9, 1988.

Attorney(s) appearing for the Case

Kevin S. Carpenter, Quinlivan, Sherwood, Spellacy & Tarvestad, St. Cloud, for appellant.

Kay Nord Hunt, Thomas E. Peterson, Minneapolis, for respondent.

Heard, considered, and decided by the court en banc.

YETKA, Justice.

The dispute in this case is between two insurance companies as to which one is the primary insurer responsible to pay damages to Kenneth DeCent. DeCent, a student at a public high school, was injured during a physical education class taught by David Trefethen and assisted by Jim Leitch, a high school senior. The school district had general liability insurance with Continental Insurance Company and umbrella liability insurance with respondent, Interstate...

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