DONNELLY BROTHERS CONST. CO. v. STATE AUTO PROPERTY AND CAS. INS. CO.

No. A08-0457.

759 N.W.2d 651 (2009)

DONNELLY BROTHERS CONSTRUCTION COMPANY, INC., Appellant, v. STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant and Third Party Plaintiff, Respondent, v. Western National Insurance Company, Third Party Defendant.

Court of Appeals of Minnesota.

January 26, 2009.


Attorney(s) appearing for the Case

Timothy W. Waldeck, Waldeck & Lind, Minneapolis, MN, for appellant.

Frank J. Rajkowski, Rajkowski Hansmeier Ltd., St. Cloud, MN, for respondent.

Considered and decided by SCHELLHAS, Presiding Judge; MINGE, Judge; and JOHNSON, Judge.


OPINION

MINGE, Judge.

Appellant contractor initiated this declaratory judgment action against respondent, its insurer, to determine whether respondent had a duty to defend appellant for water-intrusion-damage claims arising out of stucco work in home construction. Appellant challenges summary judgment in favor of respondent, arguing that the district court: (1) erred in ruling that the record clearly established that the triggering event for the damage claims...

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