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TJB COMPANIES, INC. v. MARYLAND CAS. CO.

No. C8-92-2181.

504 N.W.2d 476 (1993)

TJB COMPANIES, INC., et al., Respondent, v. MARYLAND CASUALTY COMPANY, Petitioner, Appellant.

Supreme Court of Minnesota.

September 17, 1993.

Attorney(s) appearing for the Case

Mark P. Kovalchuk, Peter J. Timmons, Minneapolis, for appellant.

Gay B. Urness, Minneapolis, for respondents.

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

GARDEBRING, Justice.

The issue in this case is whether the "pay damages" provision of a comprehensive general liability policy entitles the policy holder to recover the costs of complying with an equitable order of rescission of a real estate transaction. The trial court granted the insurer's motion for summary judgment, and the court of appeals reversed, characterizing the order of rescission as a "substitute for" or the "near equivalent" of a damages award so as...

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