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FRANKLIN v. WESTERN NAT. MUT. INS. CO.

Nos. C6-96-1684, C6-96-1748.

558 N.W.2d 277 (1997)

James A. FRANKLIN, et al., Appellants (C6-96-1684), Respondents (C6-96-1748), v. WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Respondent (C6-96-1684), Appellant (C6-96-1748).

Court of Appeals of Minnesota.

January 21, 1997.

Attorney(s) appearing for the Case

Richard T. Thomson, David A. Harbeck, Lapp, Laurie, Libra, Abramson & Thomson, Chartered, Minneapolis, for James A. Franklin, et al.

James T. Martin, Dan T. Ryerson, Gislason, Martin & Varpness, P.A., Edina, for Western National Mutual Insurance Company.

Considered and decided by HUSPENI, P.J., TOUSSAINT, C.J., and LANSING, J.

OPINION

LANSING, Judge.

In a declaratory judgment action, the district court ruled that an allegation against the insured for trespass by refusing to remove an outdoor advertising sign was arguably within the scope of an insurance policy's coverage for "wrongful entry or eviction or other invasion of the right of private occupancy." We affirm the court's declaration that the insurer had a duty to defend until the trespass claim was dismissed, but reverse...

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