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THOMMES v. MILWAUKEE MUT. INS. CO.

No. C9-00-1393.

622 N.W.2d 155 (2001)

John THOMMES, individually and d/b/a Thommes & Thomas Land Clearing, Appellant, v. MILWAUKEE MUTUAL INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

February 13, 2001.

Attorney(s) appearing for the Case

William R. Joyce, Faegre & Benson, LLP, Minneapolis, MN, for appellant.

Jeanne H. Unger, Paul B. Kohls, Rider, Bennett, Egan & Arundel, LLP, Minneapolis, MN, for respondent.

Considered and decided by TOUSSAINT, Presiding Judge, ANDERSON, Judge, and MULALLY, Judge.

OPINION

G. BARRY ANDERSON, Judge

Appellant, a contractor, accidentally destroyed an adjacent property owner's trees while clearing land as part of a project for a client. After the property owner brought an action for damages, appellant sought a declaratory judgment to compel respondent insurance company to defend and indemnify appellants for losses associated with the damages action. The district court...

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