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NEWBERG v. COMMERCIAL UNION INS. CO.

No. C8-00-1062.

619 N.W.2d 757 (2000)

Russell NEWBERG, et al., Respondents, v. COMMERCIAL UNION INSURANCE COMPANY, Appellant.

Court of Appeals of Minnesota.

November 21, 2000.

Attorney(s) appearing for the Case

Joseph J. Dudley, Jr., Thomas C. Plunkett, Mark K. Thompson, Dudley and Smith, P.A., St. Paul, for respondents.

Paul A. Banker, Theodore J. Smetak, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minneapolis, for appellant.

Considered and decided by WILLIS, Presiding Judge, CRIPPEN, Judge, and PETERSON, Judge.

OPINION

CRIPPEN, Judge.

Appellant Commercial Union Insurance Company challenges the trial court's summary judgment for respondents Russell and Delores Newberg, who claimed that coverage for damages from a discharge of raw sewage through their basement drains was unaffected by an exclusion for loss caused "directly or indirectly" by water damage, meaning: "water which backs up through sewers and drains." Concluding that reasonable minds cannot differ on the...

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