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CARGILL, INC. v. ACE AMERICAN INS. CO.

No. A08-1082.

766 N.W.2d 58 (2009)

CARGILL, INCORPORATED, et al., Appellants, v. ACE AMERICAN INSURANCE COMPANY, et al., Respondents, Affiliated FM Insurance Company, et al., Respondents, Allianz Underwriters Insurance Company, et al., Respondents, Allied World Assurance, et al., Defendants, American Guarantee and Liability Insurance Company, et al., Respondents, American Home Assurance Company, et al., Respondents, American Employers' Insurance Company, et al., Respondents, Arch Reinsurance Ltd., Respondent, Associated International Insurance Company, Respondent, Everest Reinsurance Company, et al., Respondents, Great American Assurance Company, Respondent, Certain Underwriters at Lloyd's, et al., Respondents, Employers Mutual Casualty Company, et al., Respondents, General Security Indemnity Company of Arizona, et al., Respondents, Hartford Accident and Indemnity Company, et al., Respondents, Pennsylvania Lumbermens Mutual Insurance Company, et al., Respondents, Minnetonka Insurance Company, Respondent, Liberty Mutual Insurance Company, Respondent, Northwestern National Insurance, Respondent, St. Paul Fire and Marine Insurance Company, et al., Respondents, The Orion Insurance Company, PLC, et al., Respondents, XL Insurance America, Inc., Respondent.

Court of Appeals of Minnesota.

May 26, 2009.

Attorney(s) appearing for the Case

Thomas C. Mielenhausen, Christoper H. Yetka, Lindquist & Vennum, P.L.L.P., Minneapolis, MN; and Paul L. Langer, Proskauer Rose, L.L.P., Chicago, IL, for appellants.

Michael J. Cohen, Meissner, Tierney, Fisher & Nichols, S.C., Milwaukee, WI; and Robert W. Kettering, Theodore J. Smetak, Christopher D. Newkirk, Arthur, Chapman, Kettering, Smetak and Pikala, P.A., Minneapolis, MN, or respondent Liberty Mutual.

Charles E. Spevacek, Amy J. Woodworth, Meagher & Geer, P.L.L.P., Minneapolis, MN, for respondents St. Paul Fire, et al.

Considered and decided by LARKIN, Presiding Judge; MINGE, Judge; and STAUBER, Judge.

OPINION

STAUBER, Judge.

Pursuant to Minn. R. Civ.App. P. 103.03(i), the district court certified the following question for appellate review as important and doubtful: "Can a court order primary insurers, who insure the same insured for the same risks, and whose policies are triggered for defense purposes, to be equally liable for the costs of defense where there is otherwise no privity between the insurers?" Because an insured, as a part of its contractual...

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