JOSTENS, INC. v. MISSION INS. CO.

No. C8-84-692.

387 N.W.2d 161 (1986)

JOSTENS, INC., Petitioner, Appellant, v. MISSION INSURANCE COMPANY, Respondent, Employers Insurance of Wausau, Petitioner, Appellant.

Supreme Court of Minnesota.

As Amended on Denial of Rehearing May 12, 1986.


Attorney(s) appearing for the Case

Mark M. Nolan, St. Paul, for Jostens.

Sandra J. Skluzacek, Minneapolis, Robert E. Cattanach, St. Paul, for Employers Ins. of Wausau.

Michael C. Lindberg, Minneapolis, for Mission Ins. Co.

Heard, considered, and decided by the court en banc.


SIMONETT, Justice.

May an insured, who defends itself, settle its claim for defense costs with its underlying insurer on a loan receipt agreement and then recover its defense costs from its umbrella carrier when, at the time the defense was tendered to both insurers, both arguably had primary coverage? The trial court held the umbrella carrier was solely liable for the insured's defense costs, but the court of appeals, without reaching that issue, reversed, holding...

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