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NATIONAL INDEM. CO. OF MINNESOTA v. NESS

No. C6-90-313.

457 N.W.2d 755 (1990)

NATIONAL INDEMNITY COMPANY OF MINNESOTA, Respondent, v. Terry Allan NESS, et al., Respondents, Buckley Brothers Trucking, Inc., Defendant, State Farm Mutual Automobile Insurance Company, Sandra Jean Johnson, et al., Respondents, and General Casualty Insurance Company, intervenor, Appellant.

Court of Appeals of Minnesota.

Review Denied September 14, 1990.

Attorney(s) appearing for the Case

Jerome E. Kline, Schermer, Schwappach, Borkon, Ramstead & Mariani, Ltd., Minneapolis, for National Indem. Co. of Minnesota.

William E. Macklin, Nord & Macklin, Lakeville, for Terry Allan Ness, et al.

Michael B. Padden, Cousineau, McGuire, Shaughnessy & Anderson, Minneapolis, for Buckley Bros. Trucking, Inc.

Emilio R. Giuliani, Lee L. LaBore & Associates, Hopkins, for State Farm Mut. Auto. Ins. Co.

Michael T. Peck, Minneapolis, for Sandra Jean Johnson, et al.

W. Scott Herzog, Dale M. Wagner, Moss & Barnett, Minneapolis, for General Cas. Ins. Co., intervenor.

Considered and decided by HUSPENI, P.J., and PARKER and NORTON, JJ.

OPINION

HUSPENI, Judge.

Respondent National Indemnity Company of Minnesota commenced this declaratory judgment action in June of 1988. Appellant General Casualty Indemnity Company of Minnesota was allowed to intervene. Following a trial to the court, a declaratory judgment was entered determining that General Casualty provides coverage to respondent Terry Allan Ness and that National Indemnity does not. General Casualty has appealed. We affirm.

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