EMPIRE FIRE AND MARINE INS. v. CARLSON

No. C4-91-756.

476 N.W.2d 666 (1991)

EMPIRE FIRE AND MARINE INSURANCE COMPANY, Appellant, v. Mary CARLSON, et al., Respondents.

Court of Appeals of Minnesota.

October 29, 1991.


Attorney(s) appearing for the Case

Richard S. Stempel, Jeffrey J. Lindquist, Pustorino, Pederson, Tilton & Parrington, Minneapolis, for appellant.

John V. Geisheker, Anderson & Geisheker, Minneapolis, for respondents.

Considered and decided by DAVIES, P.J., and PARKER and FOLEY, JJ.


OPINION

FOLEY, Judge.

Appellant Empire Fire and Marine Insurance Company commenced a declaratory judgment action against its insureds, respondents Mary and Dawn Carlson, seeking a determination that Empire need not pay no-fault medical benefits for injuries sustained by Dawn. Empire relied on an intentional injury exclusion in its policy and in the Minnesota No-Fault Act. The declaratory judgment action was tried to a jury, which determined Dawn did not...

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