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Laws-info.com » Cases » Minnesota » Court of Appeals » 2011 » A10-714, David Quade, et al., Appellants, vs. Secura Insurance, Respondent.
A10-714, David Quade, et al., Appellants, vs. Secura Insurance, Respondent.
State: Minnesota
Court: Court of Appeals
Docket No: A10-714
Case Date: 03/29/2011
Preview:STATE OF MINNESOTA IN COURT OF APPEALS A10-714 David Quade, et al., Appellants, vs. Secura Insurance, Respondent Filed January 11, 2011 Reversed and remanded Crippen, Judge Dakota County District Court File No. 19HA-CV-09-5534 Richard D. Snyder, Fredrikson & Byron, P.A., Minneapolis, Minnesota (for appellants) Susan D. Thurmer, Dawn L. Gagne, Robyn K. Johnson, Cousineau McGuire Chartered, Minneapolis, Minnesota (for respondent) Considered and decided by Lansing, Presiding Judge; Minge, Judge; and Crippen, Judge. SYLLABUS When an insurer claims that building damage is entirely attributable to conditions falling within a policy exclusion and not covered, it is within the district courts jurisdiction to determine the meaning and interpretation of the insurance contract and the application of coverage and exclusion clauses; these issues are not properly resolved by appraisers measuring the "amount of loss."


Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI,
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