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HARLEYSVILLE v. PHYSICAL DISTRIBUTION SERVICES

No. 12-1713.

716 F.3d 451 (2013)

HARLEYSVILLE INSURANCE COMPANY, Plaintiff-Appellant v. PHYSICAL DISTRIBUTION SERVICES, INC., doing business as Labor Services Company; Miller Transporters, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 2, 2013.

Rehearing Denied May 31, 2013.

Attorney(s) appearing for the Case

Andrea E. Reisbord , argued, Minneapolis, MN ( Tamara Lynn Novotny , on the brief), for Appellant.

Thomas G. Drennan , argued, Chicago, IL ( Robert Edward Salmon , Minneapolis, MN, on the brief), for Appellee, Miller Transporters, Inc.

Donald Chance Mark, Jr. , for Physical Distribution Services, argued but deferred time for Miller Transporters ( Joseph John Christensen , Edina, MN, Alyson M. Palmer , Eden Prairie , MN, and Charles Austin Delbridge , of Minneapolis, MN, on the brief), for Appellee Physical Distribution Services.

Before RILEY, Chief Judge, COLLOTON and GRUENDER, Circuit Judges.

RILEY, Chief Judge.

This diversity jurisdiction1 case hinges on the interpretation under Minnesota law of two contractual provisions. The first is an indemnification clause in a contract between Physical Distribution Services, Inc. (PDSI)2 and Miller Transporters, Inc. (Miller). The second is a provision in an insurance contract between Harleysville Insurance Co. (Harleysville) and PDSI

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