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REINSURANCE ASS'N OF MINNESOTA v. TIMMER

No. C0-01-1681.

641 N.W.2d 302 (2002)

REINSURANCE ASSOCIATION OF MINNESOTA, Now known as RAM Mutual Insurance Company, Appellant, v. Raymond F. TIMMER, Roma Jean Timmer, Individually and d/b/a Timmer Cattle Sales, Respondents, David G. Johnstone, Diane M. Johnstone, Respondents, Lake Country State Bank, Respondents, and Raymond F. Timmer, Defendant and Third-Party Plaintiff, Respondent, v. Allen Hoelscher, d/b/a Hoelscher Insurance Agency, Third-Party Defendant.

Court of Appeals of Minnesota.

Review Denied May 14, 2002.

Attorney(s) appearing for the Case

Thomas D. Jensen, William L. Davidson, Kimberly Fleming, Lind, Jensen, Sullivan & Peterson, P.A., Minneapolis, for appellant.

Paul F. Carlson, Kennedy & Nervig, LLP, Wadena, for respondents Timmers.

David G. Johnstone, Diane M. Johnstone, c/o Gregory Leyh, Kansas City, pro se.

John C. Lervick, Alexandria, for respondent Lake Country State Bank.

Bradley C. Warner, Moore, Warner & Kruger, St. Paul, for Third-Party Defendant.

Considered and decided by SCHUMACHER, Presiding Judge, HANSON, Judge, and HUSPENI, Judge.

OPINION

HANSON, Judge.

This is an appeal from summary judgment in a declaratory judgment action. The district court ruled that the Farmer's Comprehensive Personal Liability policy, issued by appellant insurer, provided coverage for claims made against the respondent insured arising out of the insured's sale of diseased dairy cows. The district court concluded that the appellant insurer owed duties both to...

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