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WANZEK CONST. v. EMPLOYERS INS.

No. C4-03-165.

667 N.W.2d 473 (2003)

WANZEK CONSTRUCTION, INC., a North Dakota corporation, Appellant, v. EMPLOYERS INSURANCE OF WAUSAU, A Mutual Company, a Wisconsin corporation, Respondent.

Court of Appeals of Minnesota.

August 19, 2003.

Attorney(s) appearing for the Case

Paul T. Meyer, Nicholas L. Klehr, Hammargren & Meyer, P.A., Minneapolis, MN, for appellant.

James R. Andreen, Erstad & Reimer, P.A., Minneapolis, MN, for respondent.

Considered and decided by SHUMAKER, Presiding Judge, WRIGHT, Judge, and FORSBERG, Judge.

OPINION

GORDON W. SHUMAKER, Judge.

In this declaratory-judgment action, the district court granted summary judgment to Employers Insurance of Wausau, ruling that its comprehensive general liability insurance policy does not provide coverage for faulty materials manufactured by a supplier of materials who contracted with the insured general contractor because the supplier was not a subcontractor who qualified for an exception to the policy's business-risk...

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