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CHERNE CONTRACTING CORP. v. WAUSAU INS.

No. C7-97-1137.

572 N.W.2d 339 (1997)

CHERNE CONTRACTING CORPORATION, a Michigan Corporation, Appellant, v. WAUSAU INSURANCE COMPANIES, a/k/a/ Employers Mutual Liability Insurance Company of Wisconsin, a Wisconsin Corporation, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied February 19, 1998.

Attorney(s) appearing for the Case

James H. Kaster, Stephen Chippendale, Nichols Kaster & Anderson, Minneapolis, for appellant.

Richard M. Hagstrom, Michael R. Cashman, T. Joseph Snodgrass, Zelle & Larson LLP, Minneapolis, for respondents.

Considered and decided by KLAPHAKE, P.J., and DAVIES and HARTEN, JJ.

OPINION

HARTEN, Judge.

Appellant Cherne Contracting Corporation sued its workers compensation insurer, respondent Wausau Insurance Companies, alleging breach of a covenant of good faith and fair dealing, negligence, fraud, misrepresentation, breach of fiduciary duty, unjust enrichment, and breach of contract. Cherne claimed that Wausau had retained unnecessarily large portions of Cherne's funds to pay outstanding workers compensation claims, and that Wausau...

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