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EMPLOYERS MUT. CAS. CO. v. WENDLAND & UTZ, LTD.

No. 02-2554.

351 F.3d 890 (2003)

EMPLOYERS MUTUAL CASUALTY COMPANY, Plaintiff-Appellee, v. WENDLAND & UTZ, LTD., Defendant-Appellant, Terry Lynn Djonne; Wen-Po Daniel Su; Man-Mei Nadine Su, Defendants, Frederick (`Fritz') Banfield; Heartman Agency, Inc., Defendants Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: December 17, 2003.

Attorney(s) appearing for the Case

Britton D. Weimer, argued, Minneapolis, MN (James O. Redman, Red Wing, MN, on the brief), for appellant.

Timothy P. Tobin, argued, Minnetonka, MN, for appellee.

Before WOLLMAN, RICHARD S. ARNOLD, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Wendland & Utz seeks reversal of a summary judgment entered in favor of its insurer, Employers Mutual Casualty Company ("EMC"). An attorney at the law firm of Wendland & Utz, while driving his own vehicle to pick up a witness, struck and seriously injured a pedestrian, Dr. Wen-Po Daniel Su ("Dr. Su").1 EMC denied coverage because the policy it issued to Wendland & Utz does not provide coverage for automobile...

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