COLUMBIA CASUALTY COMPANY, et al., Respondents,
v.
3M COMPANY, Appellant,
ACE American Insurance Company, et al., Respondents,
Arrowood Indemnity Company, Respondent,
Atlanta International Insurance Company, Respondent,
Centennial Insurance Company, Respondent,
Employers Insurance of Wausau, et al., Respondents,
Evanston Insurance Company, Respondent,
Executive Risk Indemnity, Inc., Respondent,
Fairmont Premier Insurance Company, et al., Respondents,
First State Insurance Company, et al., Respondents,
Great American Insurance Company, Respondent,
Lumbermens Mutual Casualty Company, Respondent,
Mutual Marine Office, Inc., et al., Respondents,
One Beacon America Insurance Company as successor in interest to Employer's Liability Assurance Corporation, et al., Respondents,
Republic Western Insurance Company, Respondent,
Westport Insurance Corporation f/k/a Puritan Insurance Company f/k/a The Manhattan Fire & Marine Insurance Company, et al., Respondents.
Court of Appeals of Minnesota.https://leagle.com/images/logo.png
Dyan J. Ebert , Quinlivan & Hughes P.A., St. Cloud, MN; and John T. Harding , Morrison Mahoney LLP, Boston, MA, for respondent Fairmont Premier Insurance Company.
Peter VanBergen , Cousineau McGuire & Anderson, Minneapolis, MN, for respondent Atlanta International Insurance Company.
Paul R. Smith , Foley & Mansfield, Minneapolis, MN, for respondent Westport Insurance Corp., et al.
Considered and decided by PETERSON, Presiding Judge; LARKIN, Judge; and CRIPPEN, Judge.
Court of Appeals of Minnesota.
OPINION
LARKIN, Judge.
Appellant challenges the district court's dismissal of its claims for breach of the implied covenant of good faith and fair dealing. Because the dismissal was based on the erroneous conclusion that a party may not maintain both a claim for breach of contract and a claim for breach of the implied covenant of good faith and fair dealing based on the same conduct, and because appellant stated a claim upon which relief may be granted,...
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