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HOOPER v. ZURICH AMERICAN INS. CO.

No. C9-96-108.

552 N.W.2d 31 (1996)

Robert HOOPER, et al., Appellants, v. ZURICH AMERICAN INSURANCE COMPANY, Respondent, Constitution State Insurance Company, Defendant, Dana L. Marcelius, Respondent, v. HOME INSURANCE COMPANY, Third-Party Defendant, Western National Mutual Insurance Company, third-party defendant, Respondent.

Court of Appeals of Minnesota.

Review Denied September 20, 1996.

Attorney(s) appearing for the Case

Peter J. Krieser, Krieser & Bieniek, St. Louis Park, John S. Schomburg, Minnetonka, for Appellants.

Dan T. Ryerson, James T. Martin, Gislason, Martin & Varpness, P.A., Edina, for respondent Western National Mutual Ins. Co.

Peter G. VanBergen, Andrea E. Reisbord, Cousineau, McGuire & Anderson Chartered, Minneapolis, for respondent Zurich American Ins. Co.

Considered and decided by HUSPENI, P.J., TOUSSAINT, C.J., and HOLTAN, J.

OPINION

HUSPENI, Judge.

Appellants sued respondents, their insurers, for defense and indemnification in two lawsuits after judgment had been rendered against appellants in one suit and the other had settled unfavorably to them. Respondents were awarded summary judgment on the grounds that the lawsuits had never been tendered to respondents as required by appellants' policies and that respondents were prejudiced...

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