Patrick v. Head of the Lakes Cooperative Electric Ass'n

Federated Rural Electric Insurance Company refused to defend Head of the Lakes Cooperative Electric Association, its insured, in an action brought by Charles Patrick for damages resulting from the Cooperative’s intentional cutting of Patrick’s trees. Some or all of the trees were within an unrecorded easement held by the Cooperative over Patrick’s property. The trial court ruled that Federated had a duty to defend and awarded the Cooperative defense fees and costs of $2,-545.67. Both parties have appealed the judgment, Federated claiming that it had no duty to defend and the Cooperative that…