Gary Ellensohn v. American Family Mutual Insurance Company, Donald Ellensohn v. American Family Mutual Insurance Company

Theophil Miller sued Gary and Donald El-lensohn for intentional infliction of emotional distress, alleging the Ellensohns tried to cheat Miller, a man they knew was mentally retarded, out of part of his soybean crop. The Ellensohns asked their insurer, American Family Mutual Insurance Company (AFM), to defend and indemnify them under their separate but apparently identical liability policies. AFM denied coverage and refused to defend. The Ellensohns settled with Miller, and then brought this breach of contract action against AFM. After trial on stipulated facts, the district court entered…