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SPHERE DRAKE INS. CO. v. TREMCO, INC.

Nos. C2-93-1358, C3-93-1367.

513 N.W.2d 473 (1994)

SPHERE DRAKE INSURANCE COMPANY, Plaintiff, First Financial Insurance Company, Intervenor, Respondent, v. TREMCO, INC., Respondent (C2-93-1358), Appellant (C3-93-1367), John Melich Company, Defendant (C2-93-1358), Respondent (C3-93-1367), and Walker Parking Consultants/Engineers, Inc., Appellant (C2-93-1358), Respondent (C3-93-1367). SCOTTSDALE INSURANCE COMPANY, Defendant and Third-Party Plaintiff, v. CARLUND CORPORATION, Third-Party Defendant.

Court of Appeals of Minnesota.

Review Denied April 28, 1994.

Attorney(s) appearing for the Case

Michael J. Tomsche, Meagher & Geer, Minneapolis, for Sphere Drake Ins. Co.

Joseph F. Lulic, Michael M. Carter, Hanson, Lulic & Krall, Minneapolis, for First Financial Ins. Co.

John B. Lunseth, II, Louise A. Dovre, Rider, Bennett, Egan & Arundel, Minneapolis, for Tremco, Inc.

Thomas A. Pearson, Arthur, Chapman, McDonough, Kettering and Smetak, P.A., Minneapolis, for John Melich Co.

Jeffrey W. Coleman, Timothy R. Duncan, Coleman, Hull & Van Vliet, Minneapolis, for Walker Parking Consultants/Engineers, Inc.

Steven J. Muth, Gregory L. Wright, Stich, Angell, Kreidler & Muth, Minneapolis, for Scottsdale Ins. Co.

Considered and decided by CRIPPEN, P.J., and FORSBERG, and FOLEY, JJ.

OPINION

FOLEY, Judge.

In this declaratory judgment action, the district court granted summary judgment in favor of the insurer of a subcontractor that performed work on a parking ramp restoration project. The district court concluded that the business risk doctrine precluded coverage for the claims against the subcontractor; that there had been no "occurrence" or "property damage," as those terms are defined in the policy; and that various policy exclusions...

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