FIREMAN'S FUND INS. CO. v. HARTFORD FIRE INS. CO.

No. 94-3283MNST.

73 F.3d 811 (1996)

FIREMAN'S FUND INSURANCE COMPANY, a subrogee of Kraus-Anderson Construction Company, a member of the Devco/Kraus-Anderson Joint Venture; Plaintiff, Devco/Kraus-Anderson Joint Venture, a Minnesota Joint Venture, Plaintiff-Appellant, v. The HARTFORD FIRE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 11, 1996.

Rehearing Denied February 9, 1996.


Attorney(s) appearing for the Case

Daniel J. Maertens, Minneapolis, MN, argued (Dean R. Karau, Minneapolis, MN, on the brief), for appellant.

Charles E. Spevack of Minneapolis, MN, argued (Thomas H. Crouch and Jeffrey M. Thompson, Minneapolis, MN on the brief), for appellee.

Before: FAGG, Circuit Judge, and WOOD, Jr., and JOHN R. GIBSON, Senior Circuit Judges.


HARLINGTON WOOD, Jr., Senior Circuit Judge:

This diversity case is a declaratory judgment action to determine whether appellee Hartford Fire Insurance Company (Hartford) has any obligation to defend or indemnify appellant Devco/Kraus-Anderson Joint Venture (DKA) with respect to two claims arising out of damages to the Piper Jaffray Tower (Tower), an office building in Minneapolis, Minnesota. The district court found no duty either to defend or indemnify, and the plaintiffs...

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