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EMPLOYERS MUT. CAS. CO. v. A.C.C.T.

No. C0-97-7.

568 N.W.2d 530 (1997)

EMPLOYERS MUTUAL CASUALTY COMPANY, an Iowa corporation, subrogee of Miller-Dwan Medical Center, Respondent, v. A.C.C.T., INC., Appellant.

Court of Appeals of Minnesota.

Review Granted November 18, 1997.

Attorney(s) appearing for the Case

Charles R. Tuffley, Michele A. Chapnick, Morrison, Mahoney & Miller, Southfield, MI; and Joseph F. Lulic, Hanson, Lulic & Krall, Minneapolis, for respondent.

Jennifer Kjos Fackler, Peter E. Lind, Foster, Waldeck & Lind, Ltd., Minneapolis, for appellant.

Considered and decided by HUSPENI, P.J., and KALITOWSKI and THOREEN, JJ.

OPINION

KALITOWSKI, Judge.

Employers Mutual Casualty Company (insurer), as the insurer of Miller-Dwan Medical Center (owner), brought a subrogation action against A.C.C.T., Inc. (contractor) to recover losses incurred in connection with fire damages to the medical center. The district court denied the contractor's motion for summary judgment, but certified to this court as important and doubtful the question of whether the waiver clause of the contract between...

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