STATE FARM FIRE & CAS. CO. v. NEISES

No. C2-98-2299.

598 N.W.2d 709 (1999)

STATE FARM FIRE & CASUALTY COMPANY, Appellant, v. Frank S. NEISES, et al., Respondents.

Court of Appeals of Minnesota.

August 24, 1999.


Attorney(s) appearing for the Case

William M. Hart, Katherine A. McBride, Meagher & Geer, PLLP, Minneapolis, for appellant.

Bradley C. Eggen, Law Offices of Brad C. Eggen, Minneapolis; and Peter G. VanBergen, Andrea E. Reisbord, Cousineau, McGuire & Anderson, Chtd., Minneapolis, for respondents.

Considered and decided by SHORT, Presiding Judge, HARTEN, Judge, and PARKER, Judge.


OPINION

HARTEN, Judge.

Appellant insurer sought a declaratory judgment that it was not liable for the judgment acknowledged by its insured in a Miller-Shugart agreement with respondents, the family of the deceased whose corpse the insured had stolen and mutilated. Appellant's motion for summary judgment was denied on the ground that there were material questions of fact as to whether respondents' injury was expected or intended by the insured and whether...

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