St. Paul Fire & Marine Ins. Co. v. Lenzmeier, 45830

• Decision Date: 11 June 1976
• Docket Number: No. 45830,45830
• Citation: 243 N.W.2d 153,309 Minn. 134
• Parties: ST. PAUL FIRE & MARINE INSURANCE CO., Respondent, v. Roger R. LENZMEIER, Appellant, Darlene J. Lenzmeier et al., Respondents, Lyle Lawson et al., Defendants.
• Court: Minnesota Supreme Court

Page 153

243 N.W.2d 153

309 Minn. 134

ST. PAUL FIRE & MARINE INSURANCE CO., Respondent, v. Roger R. LENZMEIER, Appellant, Darlene J. Lenzmeier et al., Respondents, Lyle Lawson et al., Defendants.

No. 45830.

Supreme Court of Minnesota.

June 11, 1976.

Syllabus by the Court

Under explicit terms of personal liability coverage in homeowner's insurance policy, insurer has no duty to furnish a defense against claims of abuse of process since neither intentional torts nor rendition of professional services constitutes accidental occurrences.

Roger R. Lenzmeier, pro se.

Altman, Geraghty, Mulally & Weiss and James W. Kenney, St. Paul, for St. Paul Fire & Marine Ins.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and Robert M. Frisbee, Minneapolis, for Darlene Lenzmeier et al.

Heard before ROGOSHESKE, TODD and BREUNIG, JJ., and considered and decided by the court en banc.

PER CURIAM.

Roger Lenzmeier appeals from a declaratory judgment finding that St. Paul Fire & Marine Insurance Company (hereinafter 'the company') was not obligated to defend him in certain lawsuits under personal liability coverage in a homeowner's policy. We affirm.

In January 1973, Roger Lenzmeier commenced two actions against his wife, Darlene, seeking (1) divorce and (2) specific performance of an antenuptial agreement under which he believed that he was entitled to partition of the homestead in the event of divorce. Darlene Lenzmeier was represented in this litigation by an attorney, Desmond Pratt. The trial court granted an absolute divorce but denied partition of the homestead. This court affirmed in Lenzmeier v. Lenzmeier, Minn., 231 N.W.2d 71 (1975).

On or about April 15, 1974, Roger Lenzmeier, an attorney, commenced separate pro se actions against Darlene Lenzmeier and Desmond Pratt, alleging various intentional and tortious acts in the earlier divorce and partition proceedings. On or about May 8, 1974, Darlene Lenzmeier and Desmond Pratt each counterclaimed, alleging abuse of legal process.

At the time Roger Lenzmeier commenced his pro se actions against Darlene Lenzmeier and Desmond Pratt, he was living in a home owned by Lyle and Melba Lawson. A homeowner's insurance policy issued by the company to the Lawsons was in effect. The following provisions are pertinent:

'COVERAGE E--PERSONAL LIABILITY

'This Company agrees to pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of bodily injury or property damage, to which this insurance applies, caused by an occurrence. This Company shall have the right and duty, at its own expense, to defend any suit against the Insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, * * *.'

'8. DEFINITIONS: * * *

'a. 'Insured' means

'(1) the Named Insured stated in the Declarations of this Policy '(2) if residents of the Named Insured's household, his spouse, the relatives of either, and any other person under the age of twenty-one in the care of any Insured; * * *.'

'ADDITIONAL DEFINITIONS

'1. 'bodily injury': means bodily injury, sickness or disease, including care, loss of services and death resulting therefrom.

'4. 'property damage': means injury to or destruction of tangible property, including loss of use thereof.

'5. 'occurrence': means an accident, including injurious exposure to conditions, which results, during the policy term, in bodily injury or property damage.'

'EXCLUSIONS

'This policy does not apply:

'1. Under Coverage E * * *:

'c. to bodily injury or property damage arising out of the rendering of or failing to render professional services;

'd. to bodily injury or property damage arising out of business pursuits of any Insured except activities therein which are ordinarily incident to non-business pursuits;

'f. to bodily injury or property damage which is either expected or intended from the standpoint of the Insured.'

Roger Lenzmeier tendered to the company the defense of the counterclaims, apparently believing (1) that he was an 'insured' as a resident of the household who was a relative of the named insured--his deceased first wife, Barbara, was a niece of Melba Lawson; (2) that the counterclaims alleged 'physical and emotional distress' which constituted 'bodily injury' within the personal liability coverage; and (3) that his pro se actions of April, 1974, which were the basis for the allegation of 'abuse of legal process' in the counterclaims, constituted 'occurrences' within the personal liability coverage.

The company instituted this declaratory judgment action, seeking a determination of whether it was obligated to defend Roger Lenzmeier against the counterclaims. Roger Lenzmeier counterclaimed against the company, apparently implicating the company in his claims against Desmond Pratt because the company was Pratt's professional liability insurer and had selected the law firm representing Pratt and had authorized said firm to file Pratt's counterclaim.

The company filed a motion for bifurcated trial of its declaratory judgment action and Roger Lenzmeier's counterclaim. Roger Lenzmeier opposed this motion and further moved that both matters be tried before a jury. In addition, both parties made motions relative to pretrial discovery, in essence the company seeking to avoid discovery by Roger Lenzmeier. The trial court granted the company's motion for bifurcated trial, denied trial...