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JACOBS v. CABLE CONSTRUCTORS, INC.

No. A04-2191.

704 N.W.2d 205 (2005)

Jean M. JACOBS, as Trustee for the next-of-kin of Robert Jacobs, deceased, Respondent, v. CABLE CONSTRUCTORS, INC., a Michigan corporation, Respondent, Sirti Limited Corp., a foreign corporation, Respondent, Seren Innovations, Inc., Respondent, and Transcontinental Insurance Company, et al., intervenors, Appellants, v. Western National Mutual Insurance Company, third party defendant, Respondent.

Court of Appeals of Minnesota.

October 4, 2005.

Attorney(s) appearing for the Case

David Hilton Wright, Halleland, Lewis, Nilan, Sipkins & Johnson, Minneapolis, MN, for respondent Jean M. Jacobs.

Richard P. Mahoney, Victor E. Lund, Mahoney, Dougherty and Mahoney, P.A., Minneapolis, MN, for respondent Cable Constructors, Inc.

Kyle E. Hart, Stephen A. Melcher, Fabyanske, Westra & Hart, Minneapolis, MN, for respondent Sirti Limited Corp.

Cooper S. Ashley, Maslon Law Firm, Minneapolis, MN; and Douglas L. Skor, Mark Solheim, Larson, King, L.L.P., St. Paul, MN, for respondent Seren Innovations.

William M. Hart, Stacy A. Broman, Damon L. Highly, Meagher & Geer, P.L.L.P., Minneapolis, MN, for appellants Transcontinental Insurance Company et al.

James T. Martin, Gislason, Martin & Varpness, P.A., Minneapolis, MN, for respondent Western National Mutual Insurance Company.

Considered and decided by TOUSSAINT, Chief Judge; KALITOWSKI, Judge; and WORKE, Judge.

OPINION

TOUSSAINT, Chief Judge.

Following acceptance of their Minn. R. Civ. P. 68 settlement offers on three claims, appellants, who are excess insurers, sought to recoup from respondent, the primary insurer, the amounts appellants had contributed to the settlements. The parties brought cross-motions for summary judgment. The district court granted summary judgment to appellants with respect to one claim, on the ground that respondent had notice of appellants...

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