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.
Supreme Court of Minnesota.https://leagle.com/images/logo.png
June 30, 2010.
June 30, 2010.
Attorney(s) appearing for the Case
Paul L. Langer, Proskauer Rose LLP, Chicago, IL; and Thomas C. Mielenhausen, Christopher H. Yetka, Lindquist & Vennum P.L.L.P., Minneapolis, MN, for appellants.
Margaret J. Orbon, Clausen Miller P.C., Chicago, IL; and Dale O. Thornsjo, Michael M. Skram, Johnson & Condon, P.A., Minneapolis, MN, for respondents American Home Assurance Company and National Union Insurance Company of Pittsburgh, PA.
Kenneth W. Dodge, Louise A. Behrendt, Stich, Angell, Kreidler & Dodge, P.A., Minneapolis, MN, for respondents One Beacon American Insurance Company, f/k/a Commercial Union Insurance Company and American Employers' Insurance Company.
Robert W. Kettering, Theodore J. Smetak, Paul E.D. Darsow, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minneapolis, MN; and Michael J. Cohen, Meissner Tierney Fisher & Nichols S.C., Milwaukee, WI, for respondent Liberty Mutual Insurance Company.
Charles E. Spevacek, Amy J. Woodworth, Meagher & Geer, P.L.L.P., for respondents St. Paul Fire and Marine Insurance Company, St. Paul Surplus Lines Insurance Company, Travelers Casualty & Surety Company, f/k/a The Aetna Casualty & Surety Company; and The Travelers Indemnity Company.
Laura A. Foggan, Amanda Schwoerke, Wiley Rein LLP, Washington, D.C.; and Chad A. Snyder, Law Offices of Chad A. Snyder LLC, Minneapolis, MN, for amicus curiae Complex Insurance Claims Litigation Association.
Supreme Court of Minnesota.
OPINION
ANDERSON, G. BARRY, Justice.
Appellants Cargill, Inc., and Cargill Turkey Production, L.L.C. (collectively Cargill), sought a declaratory judgment in Hennepin County District Court against approximately 50 insurance companies. Cargill claimed that each of its insurers has an obligation to defend and indemnify Cargill in lawsuits brought in Oklahoma and Arkansas alleging environmental contamination. Respondent Liberty Mutual Insurance Company filed...
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