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AMERICAN NAT. FIRE INS. CO. v. CORDIE

No. C2-91-948.

478 N.W.2d 531 (1991)

AMERICAN NATIONAL FIRE INSURANCE COMPANY, Appellant, v. Randy CORDIE, Respondent, Renee Cordie-Ahles, Defendant, Bonnie M. Silberstein, as Trustee of the Heirs of Delton G. Silberstein, Jr., Respondent.

Court of Appeals of Minnesota.

December 17, 1991.

Attorney(s) appearing for the Case

Richard J. Chadwick, Robert E. Kuderer, Chadwick, Johnson & Condon Financial Plaza, Minneapolis, for appellant.

Walt Libby, Libby Law Office, Montevideo, for respondent Cordie.

Stephen S. Eckman, Logan N. Foreman, III, Joel E. Smith, Eckman, Collins, Strandness & Egan, Minneapolis, David C. McLaughlin, Pfleuger, Kunz & McLaughlin, Ortonville, for responent Silberstein.

Considered and decided by HUSPENI, P.J., and PETERSON and LOMMEN, JJ.

OPINION

LOMMEN, Judge.*

Appellant challenges the trial court's grant of summary judgment to respondent Randy Cordie, arguing it does not have a duty to defend and indemnify Cordie in a wrongful death action against him. We disagree and affirm.

FACTS

In May 1984, Randy Cordie shot and killed Delton Silberstein. Cordie was tried by the court. The trial court in the criminal proceeding found the elements of first...

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