KNUTSON CONST. v. ST. PAUL FIRE & MARINE INS.

No. C9-84-1253.

366 N.W.2d 738 (1985)

KNUTSON CONSTRUCTION COMPANY, Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, et al., United States Fire Insurance Company, Northbrook Excess and Surplus Insurance Company, Respondents, Integrity Insurance Company, New England Reinsurance Corporation, Defendants.

Court of Appeals of Minnesota.

May 7, 1985.


Attorney(s) appearing for the Case

John R. Rode, Carlsen, Greiner & Law, Minneapolis, for Knutson Const. Co.

Timothy P. Tobin, Gislason, Dosland, Hunter & Malecki, Minnetonka, for St. Paul Fire and Marine Ins. Co.

Mark W. Gehan, Jr., Collins, Buckley, Sauntry & Haugh, St. Paul, for U.S. Fire Ins. Co.

Robert J. McGuire, Cousineau, McGuire, Shaughnessy & Anderson, Minneapolis, for Northbrook Excess and Surplus Ins. Co.

Timothy W. Waldeck, Foster, Waldeck & Lind, Minneapolis, for Integrity Ins. Co.

Jay L. Bennett, Dunkley & Bennett, Minneapolis, for New England Reinsurance Corp.

Leonard W. Glewwe, A. Patrick Leighton, Moore, Costello & Hart, St. Paul, for amicus curiae Associated Contractors of Minnesota.

Heard, considered, and decided by HUSPENI, P.J., and FOLEY and WOZNIAK, JJ.


OPINION

HUSPENI, Judge.

Appellant Knutson Construction Co. (Knutson) brought an action seeking a declaratory judgment that respondents St. Paul Fire and Marine Insurance Co. (Fire & Marine), St. Paul Mercury Insurance Co. (Mercury), and U.S. Fire Insurance Co. (U.S.) must defend and indemnify it in a pending action. The district court granted summary judgment in favor of Fire & Marine, Mercury, and U.S. Knutson appeals. We affirm.

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