Legal Opinion

Badger State Mutual Casualty Co. v. Swenson

Court of Appeals of Minnesota

Decided May 5, 1987No. C4-86-2055PublishedCited by 9 opinions

1Opinion of the Court

OPINION

STONE, Judge.

This appeal is from a declaratory judgment entered in favor of the insured, re spondent Randy Swenson, finding appellant Badger State Mutual had a duty to defend him in a negligence action brought by respondents Pauline Wallraff and Steven Heller following an automobile accident. We affirm.

FACTS

Respondent Randy Swenson was insured by appellant Badger State Mutual. He listed two automobiles on his policy. Swenson was a self-employed insurance salesman who also dealt in used cars, although not licensed to do so.

On June 22, 1983, Swenson sold a Pinto owned by a friend, Dan…

2Cases cited5 opinions

  1. Quaderer v. Integrity Mutual InsuranceSupreme Court of Minnesota · 1962
  2. Tollefson v. American Family Insurance Co.Supreme Court of Minnesota · 1974
  3. Kashmark v. Western Insurance CompaniesSupreme Court of Minnesota · 1984
  4. Welle v. ProzinskiSupreme Court of Minnesota · 1977
  5. BLC Insurance Co. v. ViventCourt of Appeals of Minnesota · 1984

3Cited by9 opinions

  1. Vicki Jo Barnard, as Personal Representative of Estate of James W. Barnard, Deceased v. Fireman's Fund Insurance Company Associated Aviation Underwriters, Avemco Insurance Company, a Maryland Corporation, Avemco Insurance Company, a Maryland Corporation v. Vicki Jo Barnard, Personal Representative of the Estate of James W. Barnard, Deceased, Fireman's Fund Insurance Company Associated Aviation Underwriters Miriam M. Packard, as Personal Representative of the Estate of Glenn D. PackardCourt of Appeals for the Tenth Circuit · 1993
  2. Rabatie v. US SEC. Ins. Co.District Court of Appeal of Florida · 1991
  3. American Freedom Insurance v. SmithAppellate Court of Illinois · 2004
  4. Hastings Mutual Insurance v. ClyneOhio Court of Appeals · 1993
  5. Carousel Automobiles, Inc. v. GherityCourt of Appeals of Minnesota · 1994

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