BOB USELDINGER & SONS, INC. v. HANGSLEBEN

Nos. C9-91-2065, C9-91-2096.

505 N.W.2d 323 (1993)

BOB USELDINGER & SONS, INC., et al., Judgment Creditors, Respondents (C9-91-2065), Judgment Creditors (C9-91-2096), Honek Brothers Potato Company, et al., Judgment Creditors, Respondents (C9-91-2096), Judgment Creditors (C9-91-2065), v. Gust HANGSLEBEN, et al., Judgment Debtors, Insurance Company of North America, Garnishee, Petitioner, Appellant, State Farm Fire & Casualty Company, Garnishee, Petitioner, Appellant (C9-91-2065), Garnishee/Defendant (C9-91-2096), St. Paul Fire & Marine Insurance Company, Garnishee, Petitioner, Appellant.

Supreme Court of Minnesota.

Rehearing Denied October 7, 1993.


Attorney(s) appearing for the Case

Gordon Myerchin, David M. Box, Grand Forks, ND, Timothy J. McLarnan, Moorhead, William M. Hart, Laura J. Hanson, Charles E. Spevacek, Kay Nord Hunt, Minneapolis, for appellant.

Patrick R. Morley, Robert M. Light, Grand Forks, ND, Patrick W. Fisher, Michael F. Daley, Grand Forks, ND, for respondents.

Heard, considered and decided by the court en banc.


TOMLJANOVICH, Justice.

In these cases, we are asked to construe several insurance policies issued by petitioners to determine if they provide coverage for claims brought by purchasers of seed potatoes whose crops were contaminated with bacterial ring rot.1 The trial court ruled that certain of the policies did not provide coverage. The court of appeals disagreed and reversed.

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