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MILLER v. NORTHWESTERN NAT. INS. CO.

No. CX-84-256.

354 N.W.2d 58 (1984)

Jim W. MILLER, Appellant, v. NORTHWESTERN NATIONAL INSURANCE COMPANY, Respondent, and Jim W. Miller Construction, Inc., Appellant.

Court of Appeals of Minnesota.

August 28, 1984.

Attorney(s) appearing for the Case

Kevin S. Carpenter, Quinlivan & Williams, St. Cloud, for appellant.

Eric J. Magnuson, Rider, Bennett, Egan & Arundel, Minneapolis, for respondent.

Heard, considered, and decided by POPOVICH, C.J., and LANSING and HUSPENI, JJ.

OPINION

HUSPENI, Judge.

This is an appeal by a defendant, Jim W. Miller Construction, Inc., d/b/a Miller Real Estate (Miller Construction), from a grant of summary judgment declaring that a second defendant, Northwestern National Insurance Company (Northwestern), had no duty to defend or indemnify Miller Construction, Inc. We remand for further findings.

FACTS

This case has its roots in an earlier lawsuit brought by Happy Chef Systems,...

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