STATE FARM FIRE & CAS. CO. v. WICKA

No. C4-90-312.

461 N.W.2d 236 (1990)

STATE FARM FIRE & CASUALTY COMPANY, Respondent, v. James C. WICKA, Special Administrator of the Estate of Stephen Bradley Kintop, Defendant, Paul R. Peterson, Appellant.

Court of Appeals of Minnesota.

Review Granted December 14, 1990.


Attorney(s) appearing for the Case

W. Scott Herzog and Peter A. Koller, Moss & Barnett, Minneapolis, for appellant.

William M. Hart and Kenneth W. Dodge, Meagher & Geer, Minneapolis, for respondent.

Considered and decided by LANSING, P.J., and KALITOWSKI and DAVIES, JJ.


OPINION

LANSING, Judge.

Paul Peterson challenges the trial court's order granting a new trial based on the jury's knowledge of the affect of the verdict on insurance coverage. Peterson also challenges the subsequent summary judgment for State Farm on the issue of the intentional act exclusion. We affirm the order for a new trial but reverse the order for summary judgment.

FACTS

Stephen Kintop shot and killed himself after firing four rounds...

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