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MINNESOTA COVERAGE SURVEY

I. Coverage Determination

What is required when making a coverage determination? Is it only the factual allegations contained in the complaint, is it extrinsic evidence for the benefit of the insured, is it extrinsic evidence for the benefit of insured and insurer, or is it something all together different?
The complaint and extrinsic evidence (facts) for the benefit of insured and insurer. Once insured comes forward with facts showing arguable coverage, or insurer becomes independently aware of such facts, insurer must defend or further investigate potential claim. Garvis v. Employers Mutual Casualty Co., 497 N.W.2d 254 (Minn. 1993); St. Paul Mercury Ins. Co. v. Dahlberg, Inc., 596 N.W.2d 674 (Minn.Ct.App. 1999). Minnesota courts have applied exception to the general rule that extrinsic evidence cannot be used to avoid an otherwise existing duty to defend. Thus, in addition to looking at complaint, insurer may look to facts outside complaint......

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Approximate Pages: 18 (250 words per double-spaced page)

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