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ART GOEBEL, INC. v. NORTH SUBURBAN AGENCIES

No. C6-96-695.

567 N.W.2d 511 (1997)

ART GOEBEL, INC., Plaintiff, v. NORTH SUBURBAN AGENCIES, INC., Defendant, Cleary Agency, Inc., Respondent, West Bend Mutual Insurance Company, a Wisconsin corporation, Appellant.

Supreme Court of Minnesota.

August 14, 1997.

Attorney(s) appearing for the Case

Dale M. Wagner, Bassford, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for Appellant.

Clarance E. Hagglund, William C. Weeding, Hagglund & Weimer, Minneapolis, for Respondent.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, Justice.

Respondent Cleary Agency, Inc. (Cleary) is an independent insurance agency that was acting under a contract as an agent for appellant West Bend Insurance Company (West Bend). Cleary asserts that West Bend must indemnify it for costs and attorney fees it incurred in defending a meritless lawsuit brought by West Bend's policyholder, Art Goebel, Inc. (Goebel). Goebel brought an action against Cleary alleging that Cleary negligently...

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