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ILLINOIS FARMERS INS. CO. v. EULL

No. C3-99-54.

594 N.W.2d 559 (1999)

ILLINOIS FARMERS INSURANCE COMPANY, Appellant, v. David A. EULL, Defendant, Brett D. Scheibel, et al., Defendants, BG2 Pizza, Inc., Respondent, and Brett D. Scheibel, et al., Third-Party Plaintiffs, v. Progressive Casualty Insurance Company, Third-Party Defendant.

Court of Appeals of Minnesota.

June 15, 1999.

Attorney(s) appearing for the Case

Eric J. Magnuson, Stephen O. Plunkett, Rider, Bennett, Egan & Arundel, L.L.P., Minneapolis, MN (for appellant)

James F. Mewborn, Brian D. Klingberg, Theodore J. Smetak, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minneapolis, MN (for respondent).

Considered and decided by RANDALL, Presiding Judge, DAVIES, Judge, and SCHULTZ, Judge.

OPINION

DAVIES, Judge.

Appellant insurer challenges the entry of summary judgment against it, arguing that: (1) the term "primary duty" in its automobile insurance policy is not ambiguous; and (2) it does not violate public policy to exclude from insurance coverage the use of a private automobile to deliver pizzas. Agreeing with appellant, we reverse summary judgment and remand for further proceedings.

FACTS

Daniel Scheibel purchased insurance...

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