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AUSTIN MUT. INS. CO. v. KLANDE

No. C8-96-2349.

563 N.W.2d 282 (1997)

AUSTIN MUTUAL INSURANCE COMPANY, Appellant, v. Brian D. KLANDE, Respondent, Audrey Klande, Respondent, Rhonda D. Klande, individually, and as parent and natural guardian of Rodney Edward Klande, Respondent.

Court of Appeals of Minnesota.

June 3, 1997.

Attorney(s) appearing for the Case

Shamus P. O'Meara, Eric J. Strobel, Peterson & Hektner, Ltd., Minneapolis, for appellant.

Brian D. Klande, Audrey Klande, Brook Park, pro se respondents.

James J. Boyd, St. Paul, for respondent Rhonda D. Klande.

Considered and decided by WILLIS, P.J., TOUSSAINT, C.J., and MULALLY, J.

OPINION

TOUSSAINT, Chief Judge.

Austin Mutual Insurance Company brought a declaratory judgment action to determine whether Brian D. Klande's and Audrey Klande's (the insureds) homeowner policy covered a child's burn injuries caused by accidental contact with a motorcycle's hot muffler. The district court found coverage under the policy and granted summary judgment sua sponte, holding that the insurer was obligated to defend and indemnify the insureds...

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