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MILBANK INS. CO. v. B.L.G.

No. C8-91-2431.

484 N.W.2d 52 (1992)

MILBANK INSURANCE COMPANY, Appellant, v. B.L.G., Respondent, and M.M.D., Respondent.

Court of Appeals of Minnesota.

Review Denied July 16, 1992.

Attorney(s) appearing for the Case

Jerome R. Klukas, Richard S. Scherer, Castor, Klukas, Scherer & Logren, Minneapolis, for Milbank Ins. Co.

William G. Peterson, Peterson & Associates, Ltd., Bloomington, for B.L.G.

J. Patrick Leavitt, Jr., James P. Leavitt, III, Shakopee, for M.M.D.

Considered and decided by HARTEN, P.J., and PARKER and CRIPPEN, JJ.

OPINION

HARTEN, Judge.

In this declaratory judgment action, appellant Milbank Insurance Company appeals from summary judgment declaring that damages for which respondent B.L.G. is legally liable are covered by a homeowner's policy issued by Milbank. B.L.G. was found liable for respondent M.M.D.'s damages in a prior underlying lawsuit. There, the trial court concluded that B.L.G. breached a duty to use reasonable care to avoid transmitting genital herpes...

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