Bituminous Casualty Corp. v. Commercial Union Insurance

This appeal arises out of a breach of contract counterclaim brought by the Swenson Company (Swenson) and the Swenson/ Bolander Joint Venture (Joint Venture) against one of their insurers, Safety Mutual Casualty Corporation (Safety). The underlying suit was a wrongful death action in which three construction companies, Swenson, the Eric Bolander Construction Company (Bolander), and Joint Venture, had been joined as third-party defendants. The underlying suit and all claims except this one have been settled and are not part of this appeal. Safety is appealing the summary judgment the trial…