Farm Bureau Mutual Insurance Co., Appellant, v. Crum & Forster Insurance Co., Appellee, 618 F.2d 39 (8th Cir. 1980)

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US Court of Appeals for the Eighth Circuit - 618 F.2d 39 (8th Cir. 1980) Submitted March 13, 1980. Decided April 1, 1980

Bruce E. Sherwood, Wheaton, Minn., for appellant.

Stephen W. Plambeck (on brief), Nilles, Hansen, Selbo, Magill & Davies, Fargo, N. D., for appellee.

Before BRIGHT, ROSS and ARNOLD, Circuit Judges.


This appeal involves a dispute between two insurance carriers over which one is liable for damages arising from a hunting accident. The accident occurred when a shotgun being held by James Bergerud, Jr., an insured under a farm liability policy issued by Farm Bureau, discharged and injured another member of a deer hunting party. At the time of the accident, the hunting party was in the box of a pickup truck operated by Gary Jacobson, an insured under an automobile liability policy issued by Crum & Forster. The injured hunter filed suit against both Bergerud and Jacobson. A settlement was negotiated, with Farm Bureau paying its policy limits of $25,000, and Crum & Forster contributing $5,000.

Farm Bureau then filed suit for indemnity against Crum & Forster. The facts were stipulated. The District Court,*  applying Minnesota law, concluded that the hunting accident had not arisen out of the ownership, maintenance, or use of the motor vehicle insured by Crum & Forster, and judgment was entered dismissing the complaint. This appeal followed.

The judgment is affirmed on the basis of Judge Devitt's well-reasoned opinion. See 8th Cir. Rule 14.



The Honorable Edward J. Devitt, Chief Judge, United States District Court for the District of Minnesota