GARVIS v. EMPLOYERS MUT. CAS. CO.

No. C4-92-1562.

497 N.W.2d 254 (1993)

Patricia GARVIS, Plaintiff, Robert Demuth, Jr., Demuth Insurance Agency, and Utica Mutual Insurance Company, Plaintiffs, v. EMPLOYERS MUTUAL CASUALTY COMPANY, Defendant.

Supreme Court of Minnesota.

March 19, 1993.


Attorney(s) appearing for the Case

James E. Malters, Von Holtum, Malters & Shepard, Worthington, for Patricia Garvis.

Clarance E. Hagglund, Britton D. Weimer, James R. Harries, Hagglund Law Firm, P.A., Minneapolis, for Robert Demuth, Jr., et al.

Kay Nord Hunt, Steven L. Theesfeld, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for defendant.

Heard, considered, and decided by the court en banc.


SIMONETT, Justice.

We are presented with five certified questions from the federal district court relating to whether an insurer had a duty under its policy to defend and indemnify a claim for emotional distress asserted by an injured claimant against the insured.

Plaintiff Patricia Garvis thought she had purchased auto insurance from Robert Demuth, Jr., and the Demuth Agency. Demuth, however, failed to process her insurance application to Allstate Insurance...

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