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SEAWAY PORT AUTHORITY v. MIDLAND INS.

No. C3-88-141.

430 N.W.2d 242 (1988)

SEAWAY PORT AUTHORITY OF DULUTH, Respondent, v. MIDLAND INSURANCE COMPANY, Reserve Insurance Company, Respondents (C3-88-141), Appellants (C9-88-810), Excess Insurance Company, Ltd., et al., Appellants (C3-88-141), Respondents (C9-88-810), Minnesota Insurance Guaranty, Respondent.

Court of Appeals of Minnesota.

October 11, 1988.

Attorney(s) appearing for the Case

Charles B. Bateman, Eric D. Hylden, Duluth, for Seaway Port Authority of Duluth.

Thomas A. Pearson, Minneapolis, for Midland Ins. Co.

David P. Sullivan, Sullivan & Setterlund, Ltd., Duluth, for Reserve Ins. Co.

Richard E. Prebich, Abate, Wivoda, Clark, et al. Hibbing, Richard E. Mueller, Hugh C. Griffin, Paul J. Peralta, Lord, Bissell & Brook, Chicago, Ill., for Excess Ins. Co., Ltd.

Minnesota Ins. Guar., James Kelly, Edina, pro se.

Heard, considered and decided by FOLEY, P.J., and CRIPPEN and SHORT, JJ.

OPINION

SHORT, Judge.

Respondent Seaway Port Authority of Duluth (SPAD) brought an action for declaratory judgment against respondents Midland and Reserve Insurance Companies and appellant Excess Insurance Company to determine which of the insurance companies was liable to pay SPAD's costs in defending a number of lawsuits arising out of a bond default. The trial court declared all three insurance companies jointly and severably liable for all of SPAD's...

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