GRUETZMACHER v. ACUITY

No. Civ.04-4780 (RHK/AJB).

393 F.Supp.2d 860 (2005)

Kim GRUETZMACHER, Plaintiff, v. ACUITY, a Mutual Insurance Company, a Wisconsin Corporation (f/k/a Heritage Mutual Insurance Company), Defendant.

United States District Court, D. Minnesota.

March 23, 2005.


Attorney(s) appearing for the Case

Meghan M. Elliott and Thomas C. Mielenhausen, Lindquist & Vennum, P.L.L.P., Minneapolis, MN, for Plaintiff.

Rodney Honkanen, Spence, Ricke, Sweeney and Gernes, P.A., St. Paul, MN, for Defendant.


MEMORANDUM OPINION AND ORDER

KYLE, District Judge.

INTRODUCTION

This case involves the interpretation of a homeowner's insurance policy issued by Defendant Acuity, a Mutual Insurance Company ("Acuity"), to Plaintiff Kim Gruetzmacher. In June 2002, while the policy was in effect, Gruetzmacher was sued. He tendered the defense of the action to Acuity but Acuity refused to provide a defense, contending that the lawsuit was not covered under the policy...

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