FAIRVIEW HOSP. v. ST. PAUL FIRE & MARINE

No. C9-93-2524.

518 N.W.2d 41 (1994)

FAIRVIEW HOSPITAL AND HEALTH CARE SERVICES, Appellant, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

Review Granted September 16, 1994.


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.


OPINION

LANSING, Judge.

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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