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2006_1031_Packet
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2006_1031_Packet
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�9{j Minn. 563 NORTH WESTERN REPORTER. 2d SERIES <br />informed). We conclude that the straw vote <br />here was a secret vote, and, as such, violated <br />the Open Meeting Law. <br />DECISION <br />Under the Government Data PraCtiC¢� Act, <br />respondents were obligated to disclose the <br />rr�rn�s ¢ f j4� finaiista a� �h$ �m� ��� �er,d- <br />ed to interview them, not when the candi- <br />dates agreed to be interviewed. The Open <br />Meeting Law prohibits the secret straw vote <br />taken at the January 27 council meeting. <br />We reverse the district court's entry of sum- <br />mary judgment on these two issues. We <br />remand to the district Cott1't for a proper <br />factual determination on the issue of whether <br />respondents used the one-on-one interview <br />�""O"' � 4r�d�r 1,� �o�d � � ai <br />the Open Meeting Law. <br />Reversed and remanded. <br />a �51+�FN Y+lrl� <br />SENTiNEi. MANAGEMENT COMPANY, <br />et al., Respondents, <br />:�etna Casualty and Surety Company, <br />et al,, Defendants, <br />v. <br />��BW �� INSURANCE <br />COMPANY. Appellant. <br />No. C�96-•2335. <br />Court of Appeais of Minnesota. <br />May 13, 1997. <br />Insured brought suit under all-rislc poli- <br />cy seelcing coverage for release of as6estos <br />fibers and resultant eantamination of insured <br />apartment buildings. The District Court, <br />Hennepin County, Stephen Z. Lange, d., de- <br />nied summary judgment td insurer on cover- <br />age issue, and certified question as important <br />and doubtfuL Insurer appealed from denial <br />of summary judgment. The Court of Ap- <br />peals. Short, �7., held that: (1} contamination <br />by asbestos fibers released from asbestug. <br />containing materials was fortuitous, ��� <br />physical loss covered under all-rislc. �5�� <br />party property insurance policy: (?) loss � <br />excepted from policy's wear-and-tear exr."� <br />sion by ensuing loss clause: and (3) policy'g <br />ordinance exclusion did not apply. <br />�i?Irm�d; er.riiTied yurEii:u�s °'�x� <br />in affu�rnatir•e. <br />L �.o.v�ri..� �Ji�l <br />Construction of insurance contract prea- <br />r�� question �f 1#M', <br />�� Appa*1 ipd FR4r �� ] � <br />Supreme Court r�vie�;-� cmnstiuction of <br />insurance contract de novo. <br />3. Insurance e�417,5(1} <br />Fortuity is implied requirement for �r- <br />�+� under all-rislc policy. <br />4 Insurance �7 � 5�1� <br />Loss caused by preexisting defect is far- <br />tuitous for purposes of all-rislc insurance poli <br />cy as long as neither party lmew of defect or <br />expected loss. <br />5. Insurance �175(7'� <br />Release of asbestos-containing mater�als <br />in insured's apartment buildings and res[d- <br />tant contamination was fortuitous loss under <br />all-rislc policy where, even if eventual corr <br />tamination of buildings was inevitable, i�- <br />sured was unaware of asbestos damage wl�r► <br />insurer's policy went into effect <br />fz Insurance �L77.5( ] r <br />Requirement of direct physical loss in <br />all-rislc policy requires only that covered <br />property be inj ured, not destroyed. <br />9L rrt�urance �i�7.5f1� <br />birect physical loss, for purposes of �F <br />rislc policy, may exist in absence of structural <br />damage to insured property. <br />& �ne�irau�e �i1T,5�:1} <br />Aabeatos contamination of apartment <br />buildings constituted "direct physical loss" <br />under all-rislc policy, even though asbestos <br />
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