Brown v. State Automobile & Casualty Underwriters

KELLY, Justice.

Defendant, State Automobile & Casualty Underwriters, appeals from the decision of the district court granting plaintiff’s, the insured’s, motion for summary judgment and denying defendant’s cross motion for summary judgment. We affirm in part and reverse and remand in part.

The facts giving rise to this declaratory judgment action arose out of an altercation between the insured, Aaron L. Brown, and Lawrence Hellendrung, Jr., a baggage clerk, at the Minneapolis-St. Paul International Airport in April of 1970. The insured misplaced a baggage claim ticket and proceeded to a taxi…