ST. PAUL MERCURY INS. v. DAHLBERG, INC.

No. C8-99-177.

596 N.W.2d 674 (1999)

ST. PAUL MERCURY INSURANCE COMPANY, Appellant, v. DAHLBERG, INC., Respondent.

Court of Appeals of Minnesota.

Review Denied September 28, 1999.


Attorney(s) appearing for the Case

Jeffrey J. Bouslog, Rikke A. Dierssen-Morice, Oppenheimer, Wolff & Donnelly, L.L.P., Minneapolis, for appellant.

Gary J. Haugen, Mary R. Vasaly, Peter J. Carlton, Maslon, Edelman, Borman & Brand, L.L.P., Minneapolis, for respondent.

Considered and decided by PETERSON, Presiding Judge, SHORT, Judge, and SHUMAKER, Judge.


OPINION

SHORT, Judge.

This declaratory action involves the question of insurance coverage for misrepresentations made about the capabilities of the Miracle-Ear "Clarifier" hearing aid.

FACTS

From 1988 to 1994, Dahlberg, Inc. (Dahlberg) manufactured and distributed Miracle-Ear "Clarifier" hearing aid devices that it claimed would improve hearing in crowded, noisy surroundings. Dahlberg marketed and sold this product through media advertising...

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