Northfield Insurance Co. v. Turri3/20/2001
Petition for review denied May 29, 2001.
NORTHFIELD INSURANCE COMPANY, APPELLANT,
v.
TIM TURRI, D/B/A TURRI CRANE SERVICE, INC., RESPONDENT, JOHN OPFER, ET AL., RESPONDENTS.
Olmsted County District Court File No. C9993160
William L. Moran, Paul E. D. Darsow, Murnane, Conlin, White & Brandt, P.A., 1800 Piper Jaffray Plaza, 444 Cedar Street, St. Paul, MN 55101 (for appellant) Ken D. Schueler, Dunlap & Seeger, P.A., Suite 505, 206 South Broadway, Box 549, Rochester, MN 55903 (for respondent Turri) James P. Ryan, Jr., Ryan & Grinde, Ltd., 407 Fourteenth Street Nw, Box 6667, Rochester, MN 55903 (for respondents Opfer)
Considered and decided by Kalitowski Presiding Judge, Schumacher Judge, and Stoneburner Judge.
The opinion of the court was delivered by: Stoneburner, Judge
Reversed and remanded
Stoneburner, Judge
UNPUBLISHED OPINION
In this declaratory judgment action, Northfield Insurance Company appeals from the district court's grant of summary judgment in favor of respondents Tim Turri d/b/a Turri Crane Service, Inc., John Opfer, and Eunice Opfer. Because we conclude that the district court erred in its application of law, we reverse and remand for entry of judgment in favor of Northfield.
FACTS
Respondent Tim Turri owns and operates a crane rental business called Turri Crane Service, Inc. Operating a crane is considered a dangerous profession for insurance purposes. Appellant Northfield Insurance Company (Northfield), a surplus lines carrier, insured Turri under a commercial general-liability-insurance policy (the policy) from July 1, 1998 to July 1, 1999. The policy includes a "Voluntary Labor Exclusion" that provides:
This insurance does not apply to "bodily injury " or "personal injury" to, or medical expense for, any person loaned to or volunteering services to you arising out of or in the course of work performed on your behalf.
Turri never read the policy.
Respondent John Opfer (Opfer) hired Turri in September 1998, to lift grain tubes and an electric motor onto a grain leg and storage bin complex on Opfer's farm. When Turri arrived with his crane, Opfer explained what Turri needed to do. Opfer told Turri: "If there's anything we can do to help, let us know." Without being asked, Opfer directed Turri in backing up the crane to a suitable location for lifting the tubes and motor. Opfer and a hired hand also helped Turri place pads on the crane's outriggers. After the crane was positioned and leveled, Turri needed to attach a jib extension to the crane. He said to Opfer, "If you really wanted to help this is where I could use you." Turri testified that he can put on the jib by himself and that doing so "takes probably about a half hour on and off."
Opfer and Turri climbed onto the crane's deck. Opfer held the jib while Turri removed two safety pins. A tether cable that usually allowed the boom to swing out only a few feet, broke. The boom swung out freely, knocking Opfer off the crane and causing him to injure his right leg.
Turri reported Opfer's injury to Northfield. Northfield agreed to defend Turri under a reservation of rights but denied an obligation to indemnify based on the policy's voluntary-labor exclusion. Northfield brought this declaratory judgment action, seeking a declaration that the exclusion is valid and enforceable. Northfield moved for summary judgment. Turri and Opfer filed cross-motions for summary judgment. The district
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