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MINNESOTA COMMERCIAL RY. CO. v. GENERAL STAR INDEM. CO.

No. CIV.02-4277 (RHK/AJB).

328 F.Supp.2d 1024 (2004)

MINNESOTA COMMERCIAL RAILWAY COMPANY, Plaintiff, v. GENERAL STAR INDEMNITY COMPANY, Defendant.

United States District Court, D. Minnesota.

August 5, 2004.

Attorney(s) appearing for the Case

Max C. Ramsey and Jeanne H. Unger, Rider Bennett, LLP, Minneapolis, MN, for Plaintiff.

Mark J. Feinberg and Christopher R. Paar, Zelle, Hofmann, Voelbel, Mason & Gette, LLP, Minneapolis, MN, for Defendant.

MEMORANDUM OPINION AND ORDER

KYLE, District Judge.

Introduction

Under Minnesota law, an insured person may not use estoppel to create insurance coverage unless the insurer unqualifiedly controlled the defense of an action against the insured. Between February 1, 2000 and February 1, 2001, Minnesota Commercial Railway Company ("the Railway") held an insurance policy with General Star Indemnity Company ("General Star") that covered claims made during...

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