Attorney(s) appearing for the Case
Maclay R. Hyde, Alan T. Held, Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, for appellant.
Charles E. Spevacek, Stacy A. Broman, Meagher & Geer, Minneapolis, for respondent.
Considered and decided by LANSING, P.J., and FORSBERG and DAVIES, JJ.
Court of Appeals of Minnesota.
In a declaratory judgment action, a hospital seeks indemnity and defense from its insurer for environmental response costs. The district court granted summary judgment for the insurer. We conclude that although the district court acted within its discretion in excluding the affidavit of one of the expert witnesses, other evidence is sufficient to create a triable issue of fact on whether property damage occurred during the policy...
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