CM, INC. v. CANADIAN INDEM. CO.

No. 80-1173.

635 F.2d 703 (1980)

CM, INC., a corporation, Appellant, v. The CANADIAN INDEMNITY COMPANY, a corporation, Appellee, Robert LeFleur, Acting as Special Administrator for the Estates of Richard David Bauer and Timothy Breneman, Appellant, Homestake Mining Company, a corporation, Appellant, Donald Legault, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 18, 1980.


Attorney(s) appearing for the Case

Joseph M. Butler, Rapid City, S. D., argued, Bangs, McCullen, Butler, Foye & Simmons, James W. Olson, Wilson, Bottum, Olson, Goodsell & Nash, Rapid City, S. D., A. P. Fuller, Amundson & Fuller, Lead, S. D., Gene R. Bushnell, Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, S. D., for appellants.

Paul L. Gingras, Minneapolis, Minn., argued, Robins, Davis & Lyons, Mark J. Feinberg, Robert M. Wattson, Minneapolis, Minn., Banks & Johnson, Rapid City, S. D., for appellees.

Before LAY, Chief Judge, and BRIGHT and McMILLIAN, Circuit Judges.


LAY, Chief Judge.

The issue presented on appeal is whether an exclusionary clause of a comprehensive business liability policy which provides coverage for contractual liability is properly construed to exclude coverage for an indemnity agreement between the insured and a third party whose direct liability is based on injuries caused to employees of the insured. The district court, the Honorable Andrew W. Bogue presiding, granted a declaratory judgment in favor of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases