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Home Insurance Co. v. National Union Fire Insurance of Pittsburgh2/20/2003
ured.
In addition to the summary judgment principle favoring the nonmoving party, two rules of construction weigh against granting summary judgment to Travelers in this case. First, courts are to construe pleadings liberally. L.K. v. Gregg, 425 N.W.2d 813, 819 (Minn. 1988). Second, " duty to defend an insured on a claim arises when any part of the claim is 'arguably' within the scope of the policy's coverage, and an insurer who wishes to escape that duty has the burden of showing that all parts of the cause of action fall clearly outside the scope of coverage." Jostens, 387 N.W.2d at 165. When we construe the complaint liberally, a claim is arguably made against Travelers' insured, Waycrosse II, bringing the suit within Travelers' duty to defend.
The Life Point complaint does not appear cognizant of the two Waycrosse corporations. In the caption it names "Waycrosse Inc., now merged into Cargill, Inc., a Delaware corporation." That description implicates both Waycrosse entities—Waycrosse I because it had merged into Cargill, and Waycrosse II because it is a Delaware corporation (while Waycrosse I was not). Thereafter, the Life Point plaintiffs continually refer to Cargill, naming Waycrosse as a member, even when describing activities after Waycrosse I ceased to exist in June 1991. The complaint also seeks injunctive relief against Waycrosse, which was only possible from Waycrosse II, since Waycrosse I was no longer in existence. The complaint was sufficiently unclear that Travelers did not even raise this defense to coverage originally. Given that we are to construe pleadings broadly, and a duty to defend arises when any claim is arguably covered, we affirm the court of appeals' ruling and hold that Travelers had a duty to defend its insured, Waycrosse, Inc.
We affirm in part, reverse in part, and remand to the district court for further proceedings in accordance with this opinion.
HANSON, J., took no part in the consideration or decision of this case.
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