GERMAN MUT. INS. CO. v. YEAGER

No. C5-96-946.

554 N.W.2d 116 (1996)

GERMAN MUTUAL INSURANCE COMPANY, Appellant, v. Douglas YEAGER, et al., Joshua Jordan, et al., Respondents, Mark Eckelman, d/b/a Eckelman Gunsmithing, Defendant.

Court of Appeals of Minnesota.

Review Denied December 23, 1996.


Attorney(s) appearing for the Case

Macronald R. Willemssen, Melchert, Hubert, Sjodin & Willemssen, Chaska, for appellant.

Erick J. Askegaard, Askegaard & Robinson, P.A., Brainerd, for respondents Douglas Yeager, et al.

Steven D. Lastovich, Steven D. Lastovich, Ltd., Baxter, for respondents Joshua Jordan, et al.

Michael W. Haag, Duluth, for defendant Mark Eckelman, d/b/a Eckelman Gunsmithing.

Considered and decided by SHORT, P.J., and PARKER and SCHUMACHER, JJ.


OPINION

SHORT, Judge.

When sixteen-year-old William Yeager lit the fuse on a homemade explosive device, a flying plastic fragment caused traumatic brain injury to his sixteen-year-old friend. In this declaratory judgment action involving insurance coverage, German Mutual Insurance Company (insurer) moved for summary judgment on the basis of the intentional act exclusion in its homeowner's insurance policy. Yeager and the injured boy's family brought cross...

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