Minnesota Mutual Fire and Casualty Co. v. Benson

Kelly, Justice.

In district court plaintiff insurer, Minnesota Mutual Fire and Casualty Company, prevailed in a declaratory-judgment action which determined that the insurance policy in question specifically excluded-coverage for an action to recover for death by wrongful act which had been instituted by the trustee of insured’s wife. Orville Benson, the defendant-insured, appeals from the declaratory judgment, which ruled that his defense in the wrongful-death action had not been prejudiced by plaintiff-insurer’s withdrawal. from defending under the policy after having originally assumed the…