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CINCINNATI INS. CO. v. FRANCK

No. C0-00-1069.

621 N.W.2d 270 (2001)

CINCINNATI INSURANCE COMPANY, Appellant, v. Francine FRANCK and Donald Franck, Respondents.

Court of Appeals of Minnesota.

January 2, 2001.

Attorney(s) appearing for the Case

Peter C. Sandberg, Dunlap & Seeger, P.A., Rochester, MN, for appellant.

Paul R. Dahlberg, Meshbesher & Spence, Ltd., Rochester, MN, for respondents.

Considered and decided by LANSING, Presiding Judge, PETERSON and STONEBURNER, Judges.

OPINION

LANSING, Judge

The core issue in this litigation is whether an umbrella-liability insurer has a duty to defend and indemnify its insured when the insured, the primary insurer, and the injured party settle the primary coverage for less than the policy limits. The district court ordered summary judgment against the umbrella insurer, declaring that it was obligated to provide excess coverage for the injured person's claims that exceeded the primary...

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