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STATE v. SCHWICH

No. A07-1093.

749 N.W.2d 108 (2008)

STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. Gary Harold SCHWICH, Respondent, Jeanne Carol Stone, Respondent, Brandon Mitchell Hackbarth, as Trustee for the Next of Kin of Alicia Sue Hackbarth, Respondent.

Court of Appeals of Minnesota.

May 20, 2008.

Attorney(s) appearing for the Case

C. Todd Koebele, William L. Moran, Scott G. Williams, Murnane Brandt, St. Paul, MN, for appellant.

Samuel A. McCloud, McCloud & Heefner, P.A., Shakopee, MN, for respondent Schwich.

Jeanne Carol Stone, Minnesota Correctional Facility, Attn: Warden Mark Carey, Shakopee, MN, pro se respondent.

Sharon L. Van Dyck, Schwebel, Goetz & Sieben, Minneapolis, MN, Michael D. Swor, Swor & Gatto, P.A., St. Paul, MN, for respondent Hackbarth.

Considered and decided by SCHELLHAS, Presiding Judge; KLAPHAKE, Judge; and HALBROOKS, Judge.

OPINION

KLAPHAKE, Judge.

In this declaratory judgment action, appellant State Farm Fire and Casualty Company challenges the district court's grant of summary judgment to its insured, respondent Gary Harold Schwich. The district court ruled that appellant had a duty to defend and indemnify Schwich under the terms of his homeowners' policy for the wrongful death of Alicia Sue Hackbarth. Schwich provided Hackbarth with methamphetamine for injection, which was...

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