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AUSTIN P. KELLER CONST. CO. v. DREW AGENCY

Nos. C0-84-1271, C6-84-1291 and C9-84-1320.

361 N.W.2d 79 (1985)

AUSTIN P. KELLER CONSTRUCTION COMPANY, INC., et al., Allen Montgomery, Respondents, Eleanor Knutson, Appellant, Breanna Bush by Herbert Masteller, her guardian ad litem; et al., Plaintiffs, North Central Public Service, City of Anoka, Respondents, v. DREW AGENCY, INC., Maryland Casualty Insurance Company, et al., Mission Insurance Company, Cedarleaf, Cederleaf & Cederleaf, Inc., Great American Insurance Company, Respondents. AUSTIN P. KELLER CONSTRUCTION COMPANY, et al., Appellants, v. COMMERCIAL UNION INSURANCE COMPANY, et al., Defendants, Eleanor Knutson, North Central Public Service, City of Anoka, Drew Agency, Inc., Maryland Casualty Insurance Company, Mission Insurance Company, Cedarleaf, Cederleaf & Cederleaf, Inc., Great American Insurance Company, Respondents. AUSTIN P. KELLER CONSTRUCTION COMPANY, et al., Respondents, v. DREW AGENCY, INC., Appellant, Maryland Casualty Insurance Company, Mission Insurance Company, Cedarleaf, Cederleaf & Cederleaf, Inc., Great American Insurance Company, Eleanor Knutson, Respondents, Breanna Bush, etc., et al., Defendant, North Central Public Service, City of Anoka, Respondents.

Court of Appeals of Minnesota.

Review Granted April 15, 1985.

Attorney(s) appearing for the Case

Timothy Sullivan, Moore Costello & Hart, St. Paul, for Keller Const.

Fabyanske, Svoboda & Westra, St. Paul, for Montgomery Const.

Dale B. Lindman, Mahoney, Doughtery & Mahoney, Minneapolis, for Montgomery.

Gerald W. Von Korff, Rinke, Noonan, Grote & Smoley, St. Cloud, for Knutson.

Robert M. Frazee, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for North Cent. Public Service.

Jonathan P. Parrington, Pustorino, Pederson, Tiltin & Parrington, Minneapolis, for City of Anoka.

Michael C. Lindberg, Dean K. Johnson Law Offices, Minneapolis, for Drew Agency.

Ronald M. Michaelson, Arthur, Chapman & Michaelson, Minneapolis, for Maryland Cas. Co.

Melissa W. McClenahan, Faegre & Benson, Minneapolis, Mission Ins. Co.

Timothy W. Waldeck, Foster, Waldeck & Lind, Minneapolis, for Cedarleaf.

Michael S. Kreidler, Lasley, Gaughan, Stich & Angell, Minneapolis, for Great American Ins. Co.

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

OPINION

FOLEY, Judge.

Three groups appeal denial of summary judgment in a declaratory judgment action. Appellants sought a declaratory judgment that respondent insurers have a duty to defend and indemnify two construction companies and one construction company employee against personal injury claims arising out of a gas explosion allegedly caused by the negligence of a now defunct joint venture between the companies. The insurance companies denied completed...

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