OSBORNE v. CHAPMAN

No. C0-96-2216.

574 N.W.2d 64 (1998)

Randy L. OSBORNE, et al., petitioners, Appellants, v. Richard CHAPMAN, Respondent.

Supreme Court of Minnesota.

January 28, 1998.


Attorney(s) appearing for the Case

Todd W. Foss, Stefanson, Plambeck & Foss, Moorhead, for Appellants.

Thomas F. Ascher, Caldecott Daniels Forro Koepke & Ascher, Minneapolis, for Respondents.

Heard, considered, and decided by the court en banc.


OPINION

TOMLJANOVICH, Justice.

This case presents the question of whether a negligent tenant is impliedly a "co-insured" under an insurance policy held by the landlord which provides coverage for lost rents and, if so, whether such coverage bars an action by the landlord against the tenant for the lost rents. We also must consider whether the negligent tenant is liable for attorney fees incurred by the landlord in pursuing a claim against the insurer.

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