BROWNSDALE CO-OP. ASS'N v. HOME INS. CO.

No. C7-91-220.

473 N.W.2d 339 (1991)

BROWNSDALE COOPERATIVE ASSOCIATION, Respondent, v. HOME INSURANCE COMPANY, Appellant.

Court of Appeals of Minnesota.

Review Denied September 25, 1991.


Attorney(s) appearing for the Case

Bryan J. Baudler, Baudler, Baudler, Maus & Blahnik, Austin, for respondent.

Seth M. Colton, John D. Norquist, Maun & Simon, Saint Paul, for appellant.

Considered and decided by KLAPHAKE, P.J., and LANSING and DAVIES, JJ.


OPINION

LANSING, Judge.

In an appeal from a declaratory judgment action enforcing a Miller-Shugart-type settlement, Home Insurance Company contests the trial court's finding of policy coverage and, based on lack of notice, challenges the enforceability of the settlement agreement. We conclude that the record supports the finding of coverage and hold that because Home breached its duty to defend its insured, it was not entitled to notice of the settlement...

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