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WAKEFIELD PORK, INC. v. RAM MUT. INS. CO.

No. A06-847.

731 N.W.2d 154 (2007)

WAKEFIELD PORK, INC., Appellant, v. RAM MUTUAL INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

May 15, 2007.

Attorney(s) appearing for the Case

Dustan J. Cross, Mark S. Ullery, Gislason & Hunter, L.L.P., New Ulm, MN, for appellant.

Thomas D. Jensen, William L. Davidson, Lind, Jensen, Sullivan & Peterson, P.A., Minneapolis, MN, for respondent.

Edward J. Laubach, Jr., Phillip L. Kunkel, Christopher W. Harmoning, Gray, Plant, Mooty, Mooty & Bennett, P.A., Cloud, MN, for amici curiae Minnesota Department of Agriculture; Minnesota Pork Producers Association; AgStar Financial Services, ACA; Minnesota Agri-Growth Council, Inc.; AgCountry Farm Credit Services, ACA; Broiler and Egg Association of Minnesota; Farm Credit Services of Minnesota Valley, PCA; Minnesota Corn Growers Association; Minnesota Farm Bureau Federation; Minnesota Milk Producers Association; Minnesota Soybean Growers Association; Minnesota State Cattlemen's Association; and Minnesota Turkey Growers Association.

Charles E. Spevacek, William M. Hart, Meagher & Geer, P.L.L.P., Minneapolis, MN, for amicus curiae Complex Insurance Claims Litigation Association.

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

OPINION

HUDSON, Judge.

This is an appeal from summary judgment in favor of respondent insurer on appellant's declaratory judgment action seeking a determination of coverage and an award for the costs of defending against a complaint alleging common law nuisance, trespass, and negligence related to the operation of appellant's pig farm. Appellant argues that the district court erred because: (1) the complaint alleged an "occurrence" within the meaning of...

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