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ILLINOIS FARMERS INS. CO. v. REED

No. C2-02-123.

647 N.W.2d 553 (2002)

ILLINOIS FARMERS INSURANCE COMPANY, Appellant, v. Janet Dawn REED, et al., Respondents, Richard Peschong, et al., Respondents, First Health, Defendant.

Court of Appeals of Minnesota.

July 23, 2002.

Attorney(s) appearing for the Case

Timothy P. Tobin, Matthew H. Morgan, Gislason & Hunter LLP, Minnetonka, for appellant.

Michael A. Zimmer, Tewksbury, Kerfeld & Zimmer, P.A., Minneapolis, for respondents Reed.

Sharon L. Van Dyck, Mark H. Gruesner, Schwebel, Goetz & Sieben, P.A., Minneapolis, for respondents Peschong.

Considered and decided by KLAPHAKE, Presiding Judge, WILLIS, Judge, and HANSON, Judge.

OPINION

HANSON, Judge.

Respondents sued their son's daycare provider, who had been convicted of assault and malicious punishment of a child based on an incident in which the child suffered a severe brain injury. The daycare provider tendered the defense of respondents' action to appellant insurer, under her homeowner's policy. Appellant insurer filed a declaratory judgment action seeking a declaration that coverage for the occurrence was precluded by the...

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