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HAARSTAD v. GRAFF

Nos. C4-93-308, C9-93-546.

506 N.W.2d 341 (1993)

John R. HAARSTAD, judgment creditor, Respondent, v. Brian GRAFF, Defendant and Judgment Debtor, v. STATE FARM FIRE AND CASUALTY COMPANY, Garnishee, Appellant.

Court of Appeals of Minnesota.

Review Granted November 30, 1993.

Attorney(s) appearing for the Case

H. Morrison Kershner, Pemberton, Sorlie, Sefkow, Rufer & Kershner, Fergus Falls, for respondent.

William M. Hart, Richard L. Pemberton, Jr., Michael D. Hutchens, Meagher & Geer, Minneapolis, for appellant.

Considered and decided by FORSBERG, P.J., and DAVIES and PETERSON, JJ.

OPINION

DAVIES, Judge.

Garnishee insurer challenges the trial court's ruling that the policy's intentional acts exclusion did not apply and that the insurer was, therefore, obligated to both defend and indemnify the insured tortfeasor. We hold there was an obligation to defend, but reverse on the issue of indemnification. We remand for a recalculation of attorney fees.

FACTS

Brian Graff and Becky Schumacker had dated seriously in 1986-87...

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