NATIONAL UNION FIRE INS. CO. v. EVENSON

Nos. C2-88-1927, C7-88-2376.

439 N.W.2d 394 (1989)

NATIONAL UNION FIRE INSURANCE COMPANY, Respondent, v. Gregory EVENSON, Appellant, Northern Capital Agency, Inc., Respondent, Hatzung Insurance Agency, et al., Appellants, Phoenix Risk Service, Ltd., et al., Respondents, Transamerica Insurance Company, Defendant, Security Protection Services, Ltd., and Norwest Bank Minneapolis, N.A., defendant-intervenor, Appellants.

Court of Appeals of Minnesota.

Review Denied July 12, 1989.


Attorney(s) appearing for the Case

Timothy W. Waldeck, Foster, Waldeck & Lind, Ltd., Minneapolis, for National Union Fire Ins. Co., respondent.

William J. Hanley, Harrigan, Hanley & Poirier, Minneapolis, for Gregory Evenson, appellant.

Thomas E. Sanner, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for Northern Capital Agency, Inc., respondent.

Marianne Settano, Peterson & Treat, P.A., Minneapolis, for Hatzung Insurance Agency, et al., appellants.

Frederick R. Jacobberger, Gilsdorf & Jacobberger, St. Paul, for Phoenix Risk Service, Ltd., et al., respondents.

John P. Clifford, Mark D. Streed, Meshbesher, Singer & Spence Ltd., Minneapolis, for Sec. Protection Services, Ltd., appellant.

Thomas L. Kimer, Calvin L. Litsey, Faegre & Benson, Minneapolis, for Norwest Bank Minneapolis, N.A., defendant-intervenor, appellant.

Heard, considered and decided by LANSING, P.J., and FOLEY and SCHUMACHER, JJ.


OPINION

FOLEY, Judge.

This appeal is from a declaratory judgment action brought by respondent National Union Fire Insurance Company to determine its duty to defend and/or indemnify appellant Gregory Evenson under an errors and omissions policy. We affirm in part, reverse in part and remand.

FACTS

Appellant Security Protection Services, Ltd. was incorporated in 1984 and was created to service...

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