Legal Opinion
Ebenezer Society v. Dryvit Systems, Inc.
Court of Appeals of Minnesota
Decided April 3, 1990No. CX-89-1992PublishedCited by 8 opinions
1Opinion of the Court
OPINION
FOLEY, Judge.
Appellants The Ebenezer Society and Ebenezer Park Apartments (Ebenezer) commenced an action against respondent Dryvit Systems, Inc., alleging Dryvit’s negligence had resulted in damage to Ebenezer’s property. Ebenezer and Dryvit entered into a purported Miller-Shugart agreement (Miller v. Shugart, 316 N.W.2d 729 (Minn.1982)), whereby Dryvit agreed to entry of a $1,000,000 judgment against it, and Ebenezer agreed that the judgment would be collected only from Dryvit’s insurers, not Dryvit.
Following entry of judgment, Ebenezer commenced garnishment actions against…
2Cases cited5 opinions
- Miller v. ShugartSupreme Court of Minnesota · 1982
- Knutson Construction Co. v. St. Paul Fire & Marine Insurance Co.Supreme Court of Minnesota · 1986
- Bor-Son Building Corp. v. Employers Commercial Union Insurance Co. of AmericaSupreme Court of Minnesota · 1982
- Buysse v. Baumann-Furrie & Co.Supreme Court of Minnesota · 1989
- Johnson Motor Co., Inc. v. CueCourt of Appeals of Minnesota · 1984
3Cited by8 opinions
- Fisher v. American Family Mutual Insurance Co.North Dakota Supreme Court · 1998
- Sellie v. North Dakota Insurance Guaranty Ass'nNorth Dakota Supreme Court · 1992
- Sphere Drake Insurance Co. v. Tremco, Inc.Court of Appeals of Minnesota · 1994
- Unitedhealth Group Inc. v. Columbia Casualty Co.District Court, D. Minnesota · 2013
- Bob Useldinger & Sons, Inc. v. HangslebenCourt of Appeals of Minnesota · 1992
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