Accordingly, the underlying facts, upon which are Recommendation is based, are not in material dispute. The cross-Motions were submitted on the parties' Stipulated Facts, which memorializes their agreement that the issues presented are properly resolved as a matter of law. We recommend that both Motions be denied insofar as each insurer has attempted to shift the duty to defend, and to indemnify, onto the other. 82-C2-96-00252, Minnesota District Court for Washington County). Holmes & Graven, Chartered, James Holmes, and Daniel Nelson (Court File No. įor reasons which follow, we recommend that a final Judgment be entered which grants National Union's Motion in part, and Virginia Surety's Motion in part, as we conclude that neither insurer is obligated, under the terms of their respective policies, to indemnify the Defendants, Holmes & Graven, Chartered ('Holmes & Graven'), James Holmes ('Holmes'), and Daniel Nelson ('Nelson'), for the claims litigated, and ultimately settled, in Washington County Housing and Redevelopment Authority vs. and no appearances were made by, or on behalf of, the remaining parties to this action. ('Virginia Surety'), for Summary Judgment.Ī Hearing on the Motions was conducted on November 17, 1997, at which time National Union appeared by Heidi A. § 636(b) (1) (B), upon the cross-Motions of the Plaintiff National Union Insurance Company of Pittsburgh, Pennsylvania ('National Union'), and of the Third-Party Defendant Virginia Surety Company, Inc. This matter came before the undersigned United States Magistrate Judge pursuant to a special assignment, made in accordance with the provisions of Title 28 U.S.C. Herzog, paul Joseph Yechout, Moss & Barnett, Minnepolis, MN, for Virginia Surety Co.ĮRICKSON, United States Magistrate Judge.

Morrison, for American Home Assurance Co. Schneider, Gartner & Schupp, Minneapolis, MN, Kenneth A.

Haff, Dady & Garner, Minneapolis, MN, for Washington County Housing & Redevelopment Authority. Alliss, Altheimer & Gray, Chicago, IL, J. Richard Bruce Allyn, Barbara Jeanne Haley, Robins Kaplan Miller & Ciresi, Minneapolis, MN, for Holmes & Graven, James Holmes and Daniel Nelson.Ĭharles A. *1058 *1059 Ludwig Broderick Gartner, Jr., Heidi A. HOLMES & GRAVEN, Chartered, James Holmes, Daniel Nelson, and Washington Housing & Redevelopment Authority, Defendants and Third-Party Plaintiffs,ĪMERICAN HOME ASSURANCE COMPANY, and Virginia Surety Company, Inc., Third-Party Defendants. NATIONAL UNION INSURANCE COMPANY OF PITTSBURGH, PA., Plaintiff,

Kennedy and graven