Legal Opinion
Cincinnati Insurance Co. v. Franck
Court of Appeals of Minnesota
Decided January 2, 2001No. C0-00-1069PublishedCited by 8 opinions
1Opinion of the Court
OPINION
LANSING, Judge
The core issue in this litigation is whether an umbrella-liability insurer has a duty to defend and indemnify its insured when the insured, the primary insurer, and the injured party settle the primary coverage for less than the policy limits. The district court ordered summary judgment against the umbrella insurer, declaring that it was obligated to provide excess coverage for the injured person’s claims that exceeded the primary-coverage limit. Because the injured person has not obtained a judgment in excess of the primary coverage and neither the insured 'nor the…
2Cases cited21 opinions
- Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
- Constitution Associates v. New Hampshire Insurance Co.Supreme Court of Colorado · 1997
- Continental Casualty Co. v. Reserve InsuranceSupreme Court of Minnesota · 1976
- Jostens, Inc. v. Mission Insurance Co.Supreme Court of Minnesota · 1986
- State Ex Rel. Smith v. HavelandSupreme Court of Minnesota · 1946
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Sviggum v. HansonCourt of Appeals of Minnesota · 2007
- Edina Community Lutheran Church v. StateCourt of Appeals of Minnesota · 2004
- Hoeft v. Hennepin CountyCourt of Appeals of Minnesota · 2008
- Independent School District 833 v. Bor-Son Construction, Inc.Court of Appeals of Minnesota · 2001
- Unbank Co., LLP v. Merwin Drug Co., Inc.Court of Appeals of Minnesota · 2004
3 more not listed; retrieve them via the Exa API.