SERVICEMASTER v. GAB BUSINESS SERVICES, INC.

No. C9-94-1335.

544 N.W.2d 302 (1996)

SERVICEMASTER OF ST. CLOUD, Respondent, v. GAB BUSINESS SERVICES, INC., Respondent, Sentry Insurance, a Mutual Company, Appellant.

Supreme Court of Minnesota.

March 8, 1996.


Attorney(s) appearing for the Case

Joseph F. Lulic, Timothy L. Blakely, Minneapolis, for appellant.

Roger C. Justin, St. Cloud, for Respondent ServiceMaster.

Carol A. Kublic, Edina, for Respondent GAB Business Services.

William M. Hart, R.D. Blanchard, Minneapolis, amicus curiae, for Ins. Fed. of Minn.

Heard, considered, and decided by the court en banc.


OPINION

STRINGER, Justice.

This appeal arises out of a claim by respondent ServiceMaster of St. Cloud, Inc. (ServiceMaster) that appellant Sentry Insurance, a Mutual Company (Sentry) should have paid for repair work that ServiceMaster completed in 1990 and 1991 on the fire damaged home of Sentry's insured, Nancy Mollinedo. The court of appeals affirmed both the Stearns County trial court's award of damages to ServiceMaster based on equitable claims of unjust...

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