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LEAMINGTON CO. v. NONPROFITS' INS. ASS'N

No. C9-98-2056.

615 N.W.2d 349 (2000)

LEAMINGTON CO., petitioner, Appellant, v. NONPROFITS' INS. ASSOCIATION, an Interinsurance Exchange, Respondent.

Supreme Court of Minnesota.

August 3, 2000.

Attorney(s) appearing for the Case

Paul C. Peterson, William L. Davidson, David J. Retzlaff, Lind, Jensen & Sullivan, P.A., Minneapolis, for appellant.

Charles J. Noel, Jennifer Kjos Fackler, Charles J. Noel & Associates, P.A., St. Paul, Patricia E. Kuderer, Hoff, Barry & Kuderer, P.A., Eden Praire, for respondent.

Jeffrey J. Lindquist, Pustorino, Tilton & Parrington, P.A., Minneapolis, for amicus curiae Insurance Fed. of Minnesota.

Paul A. Sortland, Sortland Law Office, Minneapolis, for amicus curiae Minnesota Trial Lawyers Association.

Heard, considered, and decided by the court en banc.

OPINION

PAUL H. ANDERSON, Justice.

This matter comes to us on appeal from a district court grant of summary judgment for Nonprofits' Insurance Association (NIA). NIA moved for summary judgment, arguing that Leamington Co.'s breach of contract action was barred because Leamington failed to submit a sworn proof of loss 60 days after one was requested by NIA. NIA also argued that because Leamington was not a named insured on its policy, Leamington had no standing...

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