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GOODYEAR v. DYNAMIC AIR, INC.

No. A04-2439.

702 N.W.2d 237 (2005)

The GOODYEAR TIRE & RUBBER CO., Plaintiff, v. DYNAMIC AIR, INC., Defendant.

Supreme Court of Minnesota.

August 18, 2005.

Attorney(s) appearing for the Case

Edward F. Fox, Kevin P. Hickey, Scott J. Hoss, Bassford Remele, P.A., Minneapolis, MN, for Appellant.

Timothy E. Branson, Angela M. Hall, Bryan C. Keane, Dorsey & Whitney, L.L.P., Minneapolis, MN, for Respondent.

Sharon L. Van Dyck, Schwebel, Goetz, & Sieben, P.A., Minneapolis, MN, for Amicus Curiae Minnesota Trial Lawyer Ass'n.

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

OPINION

PAGE, Justice.

This case arises from a certified question from the United States District Court for the District of Minnesota, which asks us to determine the potential liability of a party insured by an insolvent insurer when the claim against the party exceeds the $300,000 statutory maximum available from the Minnesota Insurance Guaranty Association (MIGA). We conclude that the insured party may be liable for any portion of the claim that constitutes...

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