KISSOONDATH v. U.S. FIRE INS. CO.

No. C4-00-698.

620 N.W.2d 909 (2001)

Dipchan KISSOONDATH, Ann Kissoondath and Michael Heinonen, as assignees of James LaBosco, J.D. Sandstone, and J.D. Sandstone, Inc., Appellants, v. UNITED STATES FIRE INSURANCE COMPANY, d/b/a Crum & Forster Commercial Insurance Company, a foreign corporation, Respondent.

Court of Appeals of Minnesota.

January 23, 2001.


Attorney(s) appearing for the Case

Michael Lewis Weiner, Christopher J. Moreland, Yaeger, Jungbauer, Barczak, Roe & Vucinovich, PLC, Minneapolis, MN, for appellants.

William M. Hart, Richard L. Pemberton, Jr., Melissa Dosick Riethof, Erica Gutmann, Strohl, Meagher & Geer P.L.L.P., Minneapolis, MN, for respondent.

Considered and decided by TOUSSAINT, Chief Judge, STONEBURNER, Judge, and FOLEY, Judge.


OPINION

DANIEL F. FOLEY, Judge.*

Appellants assert that the district court committed reversible error in their bad faith claim against respondent insurer by not instructing the jury on the fiduciary duty owed by an insurer to the insured and by giving the jury an erroneous instruction on "good faith." Appellants also argue the district court committed prejudicial error when it: (1) excluded this court's opinion affirming the...

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