Federated Mutual Insurance Co. v. Concrete Units, Inc.

TODD, Justice.

Federated Mutual Insurance Co. (Federated) appeals from a declaratory judgment holding it obligated to defend and indemnify its insured, Concrete Units, Inc. (Concrete Units), against claims filed against the insured for allegedly supplying defective concrete. We affirm in part and reverse in part.

In 1979, the Brownsdale Cooperative Association (Brownsdale) hired the Conger Construction Company (Conger) to build a concrete grain elevator in Brownsdale, Minnesota. They agreed that Conger would assume complete control over the construction site and build the elevator on a…