PRAHM v. RUPP CONST. CO.

Nos. 48863, 49108.

277 N.W.2d 389 (1979)

Larry PRAHM and Roger Prahm, d.b.a. Prahm Brothers Bridge Company, Respondents, v. RUPP CONSTRUCTION COMPANY, defendant and third party plaintiff, Respondent, v. GREAT AMERICAN INSURANCE COMPANY, third party defendant, Appellant.

Supreme Court of Minnesota.

March 23, 1979.


Attorney(s) appearing for the Case

Bundgaard & Jacobson, Minneapolis, for appellant.

Gislason, Dosland, Malecki, Gislason & Halvorson, New Ulm, for Prahm.

Paul M. Malone, Slayton, for Rupp Const. Co.

Heard before SHERAN, C. J., ROGOSHESKE and WAHL, JJ., and considered and decided by the court en banc.


WAHL, Justice.

Plaintiffs Larry and Roger Prahm, d.b.a. Prahm Brothers Bridge Company, sued Rupp Construction Company (Rupp) for property damage to their backhoe while it was being transported by a tractor and trailer owned and operated by Rupp. Rupp tendered defense of the suit to its insurer, Great American Insurance Company (Great American), and impleaded the insurer after Great American denied coverage and refused to defend. Great American appeals from the judgment...

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