REDEEMER COVENANT CHURCH v. CHURCH MUT.

No. C5-96-2616.

567 N.W.2d 71 (1997)

REDEEMER COVENANT CHURCH OF BROOKLYN PARK, Respondent, v. CHURCH MUTUAL INSURANCE COMPANY, intervenor-plaintiff, Respondent, Lutheran Benevolent Insurance Company, intervenor-plaintiff, Respondent, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, intervenor-plaintiff, Respondent, v. ATLANTIC MUTUAL INSURANCE COMPANY, Appellant, A.J., et al., Respondents, C.S.B., et al., Defendants, and Albert C. Magnuson, intervenor-defendant, Respondent.

Court of Appeals of Minnesota.

Review Denied October 1, 1997.


Attorney(s) appearing for the Case

Richard P. Mahoney, Victor E. Lund, Mahoney, Dougherty and Mahoney, P.A., Minneapolis, for Appellant.

Paul R. Smith, Abrams & Smith, P.A., Minneapolis, for Respondent Lutheran Benevolent Ins. Co.

Theodore J. Collins, Thomas E. McEllistrem, Collins, Buckley, Sauntry & Haugh, P.L.L.P, St. Paul, for Respondent Church Mutual Insurance Co.

David D. Alsop, Anne T. Johnson, Gislason, Dosland, Hunter & Malecki, P.L.L.P., Minnetonka, for Respondent St. Paul Fire & Marine Ins. Co.

Jeffrey R. Anderson, Mark A. Wendorf, Reinhardt and Anderson, St. Paul, for Respondent Claimants.

Laurie J. Miller, Richard D. Snyder, Fredrikson & Byron, P.A., Minneapolis, Richard L. Pemberton, Jr., Minneapolis, for Respondent Redeemer Covenant Church of Brooklyn Park.

Kenneth F. Daniels, Minneapolis, for Respondent Magnuson.

Considered and decided by CRIPPEN, P.J., and HUSPENI and WILLIS, JJ.


OPINION

HUSPENI, Judge.

Respondent, an insured, tendered claims to its four insurers, appellant and three other insurers. The three other insurers admitted liability and agreed to defend; appellant denied liability and refused to defend. Respondent brought a declaratory judgment action to determine appellant's obligation to indemnify or defend, and the three other insurers intervened. All parties moved for summary judgment.

Following a hearing, the...

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