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RDI v. INTEGRITY MUT. INS. CO.

No. A10-1992.

806 N.W.2d 82 (2011)

REMODELING DIMENSIONS, INC., Respondent, v. INTEGRITY MUTUAL INSURANCE COMPANY, Appellant.

Court of Appeals of Minnesota.

June 21, 2011.

Attorney(s) appearing for the Case

D. Clay Taylor , Josiah R. Fricton , D. Clay Taylor, P.A., Minneapolis, MN, for respondent.

George C. Hottinger , Nicholas H. Jakobe , Erstad & Riemer, P.A., Minneapolis, MN, for appellant.

Considered and decided by JOHNSON, Chief Judge; ROSS, Judge; and BJORKMAN, Judge.

OPINION

JOHNSON, Chief Judge.

An arbitrator ordered a general contractor to compensate two homeowners whose home had sustained damage due to moisture intrusion. The contractor's insurer refused to indemnify the contractor for its liability to the homeowners. The district court ruled that, as a matter of law, the insurance company is obligated to indemnify the contractor. We conclude that the district court erred by resting its decision on the fact that the...

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