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SPECIALIZED CONTRACTING v. ST. PAUL FIRE

No. 20120195.

825 N.W.2d 872 (2012)

2012 ND 259

SPECIALIZED CONTRACTING, INC., a North Dakota corporation, Plaintiff v. ST. PAUL FIRE & MARINE INS. COMPANY, a foreign insurance company, Defendant and Third-Party Plaintiff v. City of Valley City, a municipal corporation, Third-Party Defendant, Third-Party Plaintiff and Appellee v. Geo E. Haggart, Inc., Kadrmas, Lee & Jackson, Inc., North Dakota corporations, Third-Party Defendants Kadrmas, Lee & Jackson, Inc., a North Dakota corporation, Appellant.

Supreme Court of North Dakota.

December 18, 2012.

Attorney(s) appearing for the Case

Daniel Lee Gaustad , Grand Forks, N.D., for third-party defendant, third-party plaintiff and appellee.

Michael J. Maus , Dickinson, N.D., for appellant.

MARING, Justice.

[¶ 1] Kadrmas, Lee & Jackson, Inc., ("KLJ") appeals from a district court judgment awarding the City of Valley City ("City") $32,696.63 for costs and expenses the City incurred defending itself in the underlying lawsuit and pursuing its indemnity claim against KLJ. We conclude KLJ did not have a duty to defend the City in the underlying action under the plain language of the parties' indemnity agreement. We reverse and remand.

I...

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