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AUTO-OWNERS INS. CO. v. TODD

No. C5-95-497.

547 N.W.2d 696 (1996)

AUTO-OWNERS INSURANCE COMPANY, petitioner, Appellant, v. Robert A. TODD and K.T., a natural person, Respondents.

Supreme Court of Minnesota.

May 16, 1996.

Attorney(s) appearing for the Case

Mark A. Pilney, Mark R. Gaertner, Reding & Associates, St. Paul, for Appellant.

Daniel Heuel, Muir, Heuel, Carlson & Spelhaug, P.A., Rochester, for Respondent K.T.

Thomas R. Patterson, Lund & Patterson, Rochester, for Respondent Todd.

Kay Nord Hunt, Sherri D. Ulland, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for amicus curiae Insurance Federation of Minnesota.

Considered and decided by the court en banc without oral argument.

OPINION

ANDERSON, Justice.

Appellant, Auto-Owners Insurance Company, asserts that it does not owe a duty to defend and indemnify its insured, respondent Robert A. Todd, for the claim of false imprisonment arising out of Todd's sexual assault of his daughter, K.T. In a declaratory judgment action commenced by Auto-Owners, the district court concluded that Auto-Owners had a duty to defend and indemnify Todd. The...

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