PROGRESSIVE INS. CO. v. RIVERO

No. C1-92-689.

509 N.W.2d 378 (1993)

PROGRESSIVE INSURANCE COMPANY, Respondent, v. Humberto RIVERO, a/k/a Humberto Marrero Rivero, et al., Defendants, Carol Backe, et al., Appellants.

Supreme Court of Minnesota.

Rehearing Denied January 13, 1994.


Attorney(s) appearing for the Case

Clarance E. Hagglund, Britton D. Weimer, James R. Harries, Minneapolis, for appellants.

Kay N. Hunt, Steven L. Theesfeld, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.


PAGE, Justice.

We granted review to consider the narrow question of whether petitioner Progressive Insurance Company is entitled to indemnification for the costs, fees and expenses it incurred in successfully maintaining this declaratory judgment action. The trial court granted indemnification and was reversed by the court of appeals. We reverse the court of appeals and reinstate the trial court award of these expenses.

Humberto Rivero and his wife Eulalia...

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