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KABANUK DIVERSIFIED v. CREDIT GENERAL INS.

No. C0-96-322.

553 N.W.2d 65 (1996)

KABANUK DIVERSIFIED INVESTMENTS, INC., d/b/a Tropix Beach Club, Appellant, v. CREDIT GENERAL INSURANCE COMPANY, Respondent, David Hass, Respondent, Brian Chavez, Defendant.

Court of Appeals of Minnesota.

Review Denied October 28, 1996.

Attorney(s) appearing for the Case

Steven L. Theesfeld, Yost & Baill, P.L.L.P., Minneapolis, for Appellant.

James P. Ashley, Johnson & Condon, P.A., Minneapolis, for Respondent Credit General Insurance Company.

Jeffrey M. Ellis, Messerli & Kramer, P.A., Minneapolis, for Respondent David Hass.

Considered and decided by KALITOWSKI, P.J., and PARKER and RANDALL, JJ.

OPINION

RANDALL, Judge.

Appellant Kabanuk Diversified Investments, Inc., d/b/a Tropix Beach Club, instituted a declaratory judgment action seeking a determination of whether respondent Credit General was required to defend it in a personal injury suit brought by respondent David Hass. Credit General brought a motion for summary judgment, arguing that the assault and battery endorsement contained in its insurance policy with Tropix clearly and unambiguously...

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