American Hardware Mutual Insurance Co. v. Dairyland Insurance Co.

PEDERSON, Justice.

This is an appeal by Dairyland Insurance Company from a district court declaratory judgment. The case involves a dispute between American Hardware Mutual Insurance Company and Dairyland as to which company is obliged to defend Mary Rychart and her parent and guardian Emil Rychart in a separate negligence action. The court held that both American Hardware and Dairyland were obliged to defend. The court held further that in the event Mary Rychart was found negligent and liable, Dairyland was primarily responsible for coverage. The court declared, however, that if it was…