dissenting.
I dissent for the reasons stated in my dissenting opinion in United Pac. Ins. Co. v. Aetna Ins. Co., 311 N.W.2d 170, 174 (N.D.1981). The appeal of St. Paul Fire and Marine Insurance Company presents a question of public policy insofar as exclusions in insurance policies are concerned. A trial of the cause of action by the Aberles against Karn and the Mutschlers would appear to have little effect on that issue. Nor do I believe the cross-appeal of the Mutschlers will be dependent upon the trial of the main action.
I note for the record that I would affirm the trial court’s decision with regard to Commercial Insurance Company’s duty to defend but I would reverse the trial court with regard to St. Paul Fire and Marine Insurance Company’s duty under its policy. I do not believe the decision in Hughes v. State Farm Mut. Auto Ins. Co., 236 N.W.2d 870 (N.D.1975), requires a conclusion that the exclusion in the St. Paul insurance contract is void as against public policy. A family exclusion clause, such as was present in Hughes, and the exclusion of a specific person, by name, present different issues of public policy.
JOEL D. MEDD, District Judge, concurs.