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ILLINOIS FARMERS INS. CO. v. REED

No. C2-02-123.

662 N.W.2d 529 (2003)

ILLINOIS FARMERS INSURANCE COMPANY, Respondent, v. Janet Dawn REED, et al., Defendants, Richard Peschong, et al., Petitioners, Appellants.

Supreme Court of Minnesota.

June 12, 2003.

Attorney(s) appearing for the Case

Sharon L. Vandyck, Mark H. Gruesner, Schwebel, Goetz & Sieben, P.A. Minneapolis, MN, for Petitioner/Appellant.

Matthew Robert Zahn, Gislason & Hunter, LLP, Minnetonka MN, for Respondent.

Michael A. Zimmer, Tewksbury, Kerfeld & Zimmer, P.A., Minneapolis, MN, for Defendant.

Wilbur W. Fluegel, Fluegel Law Office, Minneapolis, MN, for MTLA, Amicus Curiae.

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

OPINION

GILBERT, Justice.

This case presents the issue of whether an insured's criminal conviction can be used by the insurance company to collaterally estop the victim of the crime from litigating in a subsequent civil action the issue of the insured's intent to determine whether the insured's homeowner's insurance policy provides coverage for the incident. Richard and Kimberly Peschong, individually and as parents and natural guardians of Jordan Peschong...

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