Legal Opinion

Harleysville Insurance Company v. Physical Distribution Services

Court of Appeals for the Eighth Circuit

Decided May 2, 2013No. 12-1713PublishedCited by 19 opinions

1Opinion of the Court

RILEY, Chief Judge.

This diversity jurisdiction1 case hinges on the interpretation under Minnesota law of two contractual provisions. The first is an indemnification clause in a contract between Physical Distribution Services, Inc. (PDSI)2 and Miller Transporters, Inc. (Miller). The second is a provision in an insurance contract between Harleysville Insurance Co. (Harleysville) and PDSI *454which extends insurance coverage to PDSI’s indemnification of third parties for tort liability “caused, in whole or in part, by [PDSI] or by those acting on [PDSI’s] behalf.” Harleysville brought a declaratory…

2Cases cited25 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  3. United States v. CulbertSupreme Court of the United States · 1978
  4. Iowa Kemper Insurance Co. v. StoneSupreme Court of Minnesota · 1978
  5. Minnesota Mining & Manufacturing Co. v. Travelers Indemnity Co.Supreme Court of Minnesota · 1990

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3Cited by19 opinions

  1. The Netherlands Insurance Co. v. Main Street Ingredients, LLCCourt of Appeals for the Eighth Circuit · 2014
  2. Mid-Continent Casualty Co. v. Royal Crane, LLCDistrict Court of Appeal of Florida · 2015
  3. In re RFC & Rescap Liquidating Trust ActionDistrict Court, D. Maine · 2018
  4. C.S. McCrossan Inc. v. Federal Insurance CompanyCourt of Appeals for the Eighth Circuit · 2019
  5. ResCap Liquidating Trust v. Primary Residential MortgageCourt of Appeals for the Eighth Circuit · 2023

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