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WANZEK CONST. v. EMPLOYERS INS.

No. C4-03-165.

679 N.W.2d 322 (2004)

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

Supreme Court of Minnesota.

April 29, 2004.

Attorney(s) appearing for the Case

Leon R. Erstad, Erstad & Riemer, P.A., Minneapolis, for appellant.

Paul T. Meyer, Jennifer A. Thompson, Hammargren & Meyer, P.A., Minneapolis, Patrick J. Wielinski, Cokinos, Bowien & Young, Arlington, TX, for respondent.

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

OPINION

HANSON, Justice.

Respondent Wanzek Construction, Inc. (Wanzek) was the general contractor for the construction of a municipal swimming pool. It incurred costs to replace coping stones that were manufactured by Aquatic Designs, Inc. (Aquatic). It brought this action against its insurer, appellant Employers Insurance of Wausau (Wausau), for indemnity under a comprehensive general liability insurance policy (CGL). Wausau moved for summary judgment under...

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