INSURANCE CO. OF STATE OF PENNSYLVANIA v. HOFFMAN

Civ. No. 4-91-297.

814 F.Supp. 782 (1993)

The INSURANCE COMPANY OF the STATE OF PENNSYLVANIA, Plaintiff, v. Jan HOFFMAN, as Special Administrator of the Estate of Patrick K. Quaschnick, deceased; the Estate of Craig S. Enerson, deceased; Donald R. Harris, as Trustee for the Heirs of Jon D. Quist, deceased; Raymond Hostager, as Trustee for the Heirs of Curt A. Hostager, deceased; Douglas A. Teigen, as Trustee for the Heirs of Kristi Elaine Teigen-Hoffman, deceased; Harold M. Hoffman, as Trustee for the Heirs of Gary Duane Hoffman, deceased; John A. Schmeckpeper, as Trustee for the Heirs of Timothy Francis Schmeckpeper, deceased, and June Schaeffer, Defendants.

United States District Court, D. Minnesota, Fourth Division.

February 22, 1993.


Attorney(s) appearing for the Case

John S. Hoff, Tamara L. Warn, and The Law Offices of John Scott Hoff, P.C., Chicago, IL, and Frederick Morris, and Leonard, Street and Deinard, Minneapolis, MN, for plaintiff.

Scott W. Johnson, and Faegre & Benson, Minneapolis, MN, for defendant Jan Hoffman as Trustee for the Estate of Patrick Quaschnick.

Paul T. Eidsness, and Moss & Barnett, Minneapolis, MN, for defendant Donald R. Harris, as Trustee for the Heirs of Jon D. Quist.

Robert Bennett, and Bennett, Ingvaldson, McInerny & Simons, P.A., Minneapolis, MN, for defendants Douglas A. Teigen, as Trustee for the Heirs of Kristi Elaine Teigen-Hoffman, and Harold M. Hoffman, as Trustee for the Heirs of Gary Duane Hoffman.

James R. Schwebel, Mary C. Cade, and Schwebel, Goetz, Sieben & Moskal, P.A., Minneapolis, MN, for defendant Raymond Hostager, as Trustee for the Heirs of Curt A. Hostager.


ORDER

DOTY, District Judge.

This matter is before the court on crossmotions for summary judgment brought by plaintiff and defendant Jan Hoffman. Based on a review of the file, record and proceedings herein, the court denies plaintiff's motion and grants defendant Jan Hoffman's motion.

BACKGROUND

The present action was commenced by the Insurance Company of the State of Pennsylvania ("ISOP") seeking a declaration of non-coverage under an...

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