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NSP v. FIDELITY AND CAS. CO.

No. C3-92-2363.

504 N.W.2d 240 (1993)

NORTHERN STATES POWER COMPANY, Appellant, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, Defendant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, as itself and as successor in interest to Mercury Insurance Company, et al., Respondent.

Court of Appeals of Minnesota.

August 3, 1993.

Attorney(s) appearing for the Case

Larry D. Espel, Greene Espel, Minneapolis, for appellant.

Charles E. Spevacek, Meagher & Geer, Minneapolis, for respondent.

Charles E. Lundberg, Bassford, Heckt, Lockhart, Truesdell & Briggs, P.A., Minneapolis, and Wiley, Rein & Fielding, Washington, DC, for amicus Ins. Environmental Litigation Ass'n.

Considered and decided by SCHUMACHER, P.J., and NORTON and PETERSON, JJ.

OPINION

SCHUMACHER, Judge.

Northern States Power Company (NSP) appeals from the district court's grant of summary judgment, arguing that the policies of respondent St. Paul Fire and Marine Insurance Company (St. Paul) provide primary coverage and that St. Paul is therefore responsible for an allocable share of damages. By notice of review, St. Paul contends the district court incorrectly found that the "own property" exclusion does not preclude coverage...

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