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ST. PAUL FIRE & MARINE v. A.P.I., INC.

No. A06-1229.

738 N.W.2d 401 (2007)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff, v. A.P.I., INC., defendant, counter-claimant, third party plaintiff and judgment creditor, Respondent, v. OneBeacon Insurance Company, as successor to General Accident Insurance Company, third party defendant and judgment debtor, Appellant, and The Home Insurance Company, et al., Third Party Defendants.

Court of Appeals of Minnesota.

September 11, 2007.

Attorney(s) appearing for the Case

John H. Faricy, Jr., Craig M. Roen, Mark A. Gwin, Rebecca L. Kassekert, Faricy & Roen, P.A., David F. Herr, Margo S. Brownell, Jason A. Lien, Maslon Edelman Borman & Brand, LLP, Minnesapolis, MN, for respondent.

Eric J. Magnuson, Briggs & Morgan P.A., Eric J. Strobel, Thomas P. Kane, Hinshaw & Culbertson, Minneapolis, MN, for appellant.

James T. Martin, Gislason, Martin, Varpness & Janes, PA, Edina, MN, for amicus curiae Complex Insurance Claims Litigation Association.

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

OPINION

TOUSSAINT, Chief Judge.

This is an appeal from a judgment for respondent A.P.I., Inc. on its claim of appellant's wrongful denial of its tender of defense of asbestos actions. Appellant OneBeacon Insurance Company, as successor to General Accident Insurance Company, argues that (a) the jury was improperly instructed on breach of fiduciary duty and bad faith; (b) A.P.I. failed to prove its breach of contract claim because there was no evidence showing...

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