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WESTFIELD INS. CO. v. KROISS

No. A04-1330.

694 N.W.2d 102 (2005)

WESTFIELD INSURANCE COMPANY, Appellant, v. Stephen J. KROISS, et al., d/b/a S. Kroiss Homes, Respondents.

Court of Appeals of Minnesota.

April 5, 2005.

Attorney(s) appearing for the Case

Deborah C. Eckland, Goetz & Eckland, P.A., Minneapolis, MN, for appellant.

Rikke Dierssen-Morice, Faegre & Benson, L.L.P., Minneapolis, MN, for respondents.

Jocelyn L. Knoll, Fabyanske, Westra & Hart, P.A., Minneapolis, MN, for amicus curiae.

Considered and decided by RANDALL, Presiding Judge; MINGE, Judge; and WRIGHT, Judge.

OPINION

MINGE, Judge.

Appellant insurer challenges the district court's finding that it had a duty to defend respondents homebuilders against lawsuits for water damages allegedly caused by defective construction. Respondents contend that the district court erred by not allowing them to recover attorney fees in the declaratory judgment action to determine appellant's duty to defend. Because we conclude that appellant breached its duty to defend, we affirm...

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