HOME INS. CO. v. NATIONAL UNION FIRE INS.

No. C1-01-1429.

658 N.W.2d 522 (2003)

The HOME INSURANCE COMPANY, et al., Respondents, v. NATIONAL UNION FIRE INSURANCE OF PITTSBURGH, Pennsylvania, Petitioner, Appellant, Travelers Insurance Company, Petitioner, Appellant.

Supreme Court of Minnesota.

As Modified on Denial of Rehearing April 3, 2003.


Attorney(s) appearing for the Case

Robert E. Kuderer, Mark R. Azman, Teresa M. Thompson, Johnson & Condon, P.A., Minneapolis, for appellant, National Union.

Mathew M. Meyer, Thomas Shroyer, Moss & Barnett, P.A., Minneapolis, Thomas Holden, Jon K. Adams, Walnut Creek, CA, for appellant, Travelers.

James T. Martin, Gislason, Martin & Varpness, P.A., Edina, for respondents.

Heard, considered, and decided by the court en banc.


OPINION

MEYER, Justice.

This case is part of Cargill, Inc.'s ongoing efforts to recover its expenses in defending itself and three of its subsidiaries in a patent infringement suit. We are asked to determine the nature and extent of three insurers' duties to reimburse Cargill for its defense costs. The patent infringement suit will be reviewed briefly, followed by Cargill's insurance coverage at the time of the suit, and then the legal issues in the instant...

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