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METROPOLITAN PROP. AND CAS. INS. v. MILLER

No. C6-97-2070.

589 N.W.2d 297 (1999)

METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY AND AFFILIATES, petitioner, Appellant, v. Michael Charles MILLER, et al., Defendants, B.M.F., et al., Respondents.

Supreme Court of Minnesota.

February 25, 1999.

Attorney(s) appearing for the Case

William H. Hart, Richard L. Pemberton, Jr., R. Gregory Stephens, Meagher & Geer, P.L.L.P., Minneapolis, for appellant.

Robert E. Kuderer, Teresa M. Croke, Johnson & Condon, P.A., Minneapolis, Patricia E. Kuderer, Douglas Schiltz, Hoff, Barry & Kuderer, P.A., Eden Prairie, for respondent.

Bradford Colbert, Legal Assistance to Minnesota Prisoners, St. Paul, for defendant Michael Miller.

Graham Heikes, Minneapolis, for defendant Jennifer Miller.

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

OPINION

LANCASTER, J.

This case raises the issue of whether Metropolitan Property and Casualty Company has a duty to defend and indemnify its insured, Jennifer Miller, under a homeowner's policy for failing to warn or prevent the sexual abuse committed by Michael Miller, her husband, against B.M.F., an 11-year-old girl. The district court concluded on summary judgment that Metropolitan had no duty to defend and indemnify, finding no coverage for any of the...

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