Legal Opinion

City of Thief River Falls v. United Fire & Casualty Co.

Supreme Court of Minnesota

Decided July 15, 1983No. C9-82-1359PublishedCited by 14 opinions

1Opinion of the Court

SCOTT, Justice.

Defendant United Fire & Casualty Company (United) appeals from a judgment in favor of plaintiff City of Thief River Falls (City) in this suit for damages due to failure to defend pursuant to the terms of an insurance policy. The dispositive issue on appeal is whether an action for a writ of mandamus is one “seeking damages” within the meaning of the contract language. We are persuaded that it clearly and unambiguously is not and, therefore, we reverse.

The facts are uncontroverted. In June 1980 the City installed traffic control signals at a certain T intersection and eliminated…

2Cases cited2 opinions

  1. Brown v. State Automobile & Casualty UnderwritersSupreme Court of Minnesota · 1980
  2. Collins v. Village of RichfieldSupreme Court of Minnesota · 1952

3Cited by14 opinions

  1. Minnesota Mining & Manufacturing Co. v. Travelers Indemnity Co.Supreme Court of Minnesota · 1990
  2. Intel Corp. v. Hartford Acc. and Indem. Co.District Court, N.D. California · 1988
  3. Continental Insurance Companies v. Northeastern Pharmaceutical & Chemical Company, Inc.Court of Appeals for the Eighth Circuit · 1988
  4. Hart Construction Co. v. American Family Mutual Insurance Co.North Dakota Supreme Court · 1994
  5. Independent School District No. 697 v. St. Paul Fire & Marine Insurance Co.Supreme Court of Minnesota · 1994

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