Cited by
Opinions in Minnesota that cite Morrison v. Swenson, 142 N.W.2d 640.
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Minnesota Sporting Clays Association, a Minnesota Nonprofit Corporation, Respondent,
Minn. Ct. App. 2023
As to the district court’s award of attorney fees, which authorizes the recovery of attorney fees if an insurer breaches its duty to defend.
- Farmers Insurance Exchange v. Letellier 820 N.W.2d 597 Minn. Ct. App. 2012
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Farmers Insurance Exchange v. Letellier
820 N.W.2d 597
Minn. Ct. App. 2012
See Morrison v. Swenson, 274 Minn. 127, 137-38 , (permitting insured to recover legal fees in declaratory-judgment action in which court held insurer liable to provide coverage, because attorney fees were incurred as a result of breach of contract).
- Graff v. Robert M. Swendra Agency, Inc. 800 N.W.2d 112 Minn. 2011
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Graff v. Robert M. Swendra Agency, Inc.
800 N.W.2d 112
Minn. 2011
See generally Morrison v. Swenson, 274 Minn. 127, 137-38 , -47 (1966) (concluding that plaintiffs ability to demonstrate that insurer was bound entitled plaintiff to recover all expenses caused by the insurer’s breach of contract).
- Graff v. ROBERT M. SWENDRA AGENCY, INC. 776 N.W.2d 744 Minn. Ct. App. 2009
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Graff v. ROBERT M. SWENDRA AGENCY, INC.
776 N.W.2d 744
Minn. Ct. App. 2009
See, e.g., Morrison v. Swenson, 274 Minn. 127 , -47 (1966) (holding that an agent’s statement that the insurance policy had been reinstated bound the insurer).
- T.A. Schifsky & Sons, Inc. v. Bahr Construction, LLC 773 N.W.2d 783 Minn. 2009
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T.A. Schifsky & Sons, Inc. v. Bahr Construction, LLC
773 N.W.2d 783
Minn. 2009
Morrison v. Swenson, 274 Minn. 127, 138 , cf. Garrick v. Northland Ins.
- Hornberger v. Wendel 764 N.W.2d 371 Minn. Ct. App. 2009
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Hornberger v. Wendel
764 N.W.2d 371
Minn. Ct. App. 2009
Co., as well as recover attorney fees incurred in a declaratory-judgment action against the insurer, Morrison v. Swenson, 274 Minn. 127, 137-38
- Wakefield Pork, Inc. v. Ram Mutual Insurance Co. 731 N.W.2d 154 Minn. Ct. App. 2007
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Wakefield Pork, Inc. v. Ram Mutual Insurance Co.
731 N.W.2d 154
Minn. Ct. App. 2007
“A party may recover attorney fees and costs incurred in obtaining a declaratory judgment against an insurer for breach of its duty to defend.” Andrew L. Youngquist, Inc., d at 187 (citing Morrison v. Swenson, 274 Minn. 127, 138 , ).
- Soo Line Railroad v. Brown's Crew Car of Wyoming 694 N.W.2d 109 Minn. Ct. App. 2005
- Westfield Insurance Co. v. Kroiss 694 N.W.2d 102 Minn. Ct. App. 2005
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Soo Line Railroad v. Brown's Crew Car of Wyoming
694 N.W.2d 109
Minn. Ct. App. 2005
SCSC Corp., d at 319 (citing Morrison v. Swenson, 274 Minn. 127, 137-38 , ).
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Westfield Insurance Co. v. Kroiss
694 N.W.2d 102
Minn. Ct. App. 2005
Morrison v. Swenson, 274 Minn. 127, 137
- In Re Silicone Implant Insurance Coverage Litigation 667 N.W.2d 405 Minn. 2003
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In Re Silicone Implant Insurance Coverage Litigation
667 N.W.2d 405
Minn. 2003
See Morrison v. Swenson, 274 Minn. 127
- American States Insurance Co. v. Ankrum 651 N.W.2d 513 Minn. Ct. App. 2002
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American States Insurance Co. v. Ankrum
651 N.W.2d 513
Minn. Ct. App. 2002
In Morrison v. Swenson, 274 Minn. 127, 137-38 , the supreme court created a limited exception to the general rule that legal fees are ordinarily not recoverable absent contractual or statutory authority for the award.
- In Re Silicone Implant Insurance Coverage Litigation 652 N.W.2d 46 Minn. Ct. App. 2002
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In Re Silicone Implant Insurance Coverage Litigation
652 N.W.2d 46
Minn. Ct. App. 2002
Morrison v. Swenson, 274 Minn. 127, 137-38
- Andrew L. Youngquist, Inc. v. Cincinnati Insurance Co. 625 N.W.2d 178 Minn. Ct. App. 2001
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Andrew L. Youngquist, Inc. v. Cincinnati Insurance Co.
625 N.W.2d 178
Minn. Ct. App. 2001
Morrison v. Swenson, 274 Minn. 127, 138 , see American Standard Ins.
- Gopher Oil Co. v. American Hardware Mutual Insurance Co. 588 N.W.2d 756 Minn. Ct. App. 1999
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Gopher Oil Co. v. American Hardware Mutual Insurance Co.
588 N.W.2d 756
Minn. Ct. App. 1999
Morrison v. Swenson, 274 Minn. 127, 137-38
- Domtar, Inc. v. Niagara Fire Insurance Co. 563 N.W.2d 724 Minn. 1997
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Domtar, Inc. v. Niagara Fire Insurance Co.
563 N.W.2d 724
Minn. 1997
See Morrison v. Swenson, 274 Minn. 127, 137-38 , (concluding that an insured may recover legal fees incurred in pursuing a declaratory judgment action against an insurer as a direct loss incident to the insurer’s *740 breach).
- Art Goebel, Inc. v. Northern Suburban Agencies, Inc. 555 N.W.2d 549 Minn. Ct. App. 1997
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Art Goebel, Inc. v. Northern Suburban Agencies, Inc.
555 N.W.2d 549
Minn. Ct. App. 1997
This concession made it unnecessary to evaluate the seven factors distinguishing a broker from an agent suggested by Morrison v. Swenson, 274 Minn. 127, 136
- Domtar, Inc. v. Niagara Fire Insurance Co. 552 N.W.2d 738 Minn. Ct. App. 1996
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Domtar, Inc. v. Niagara Fire Insurance Co.
552 N.W.2d 738
Minn. Ct. App. 1996
a. Continental, in effect, has asked us to overrule the supreme court’s decision in Morrison v. Swenson, 274 Minn. 127 , where the court concluded that an insured may recover its legal fees incurred to pursue a declaratory judgment action against an insurer.
- Kabanuk Diversified Investments, Inc. v. Credit General Insurance Co. 553 N.W.2d 65 Minn. Ct. App. 1996
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Kabanuk Diversified Investments, Inc. v. Credit General Insurance Co.
553 N.W.2d 65
Minn. Ct. App. 1996
Companies, Morrison v. Swenson, 274 Minn. 127, 137-38
- American Standard Insurance Co. v. Le 551 N.W.2d 923 Minn. 1996
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American Standard Insurance Co. v. Le
551 N.W.2d 923
Minn. 1996
The seminal case in the recurring skirmishes over liability for attorney fees in declaratory actions to determine questions with respect to insurance coverage is Morrison v. Swenson, 274 Minn. 127
- Jenoff, Inc. v. New Hampshire Insurance Co. 545 N.W.2d 385 Minn. Ct. App. 1996
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Jenoff, Inc. v. New Hampshire Insurance Co.
545 N.W.2d 385
Minn. Ct. App. 1996
Cos., Morrison v. Swenson, 274 Minn. 127
- American Standard Insurance Co. v. Dang Van Le 539 N.W.2d 810 Minn. Ct. App. 1996
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American Standard Insurance Co. v. Dang Van Le
539 N.W.2d 810
Minn. Ct. App. 1996
To support this contention, American Standard relies on the reasoning in Morrison v. Swenson, 274 Minn. 127 , Garrick v. Northland Ins.
- SCSC Corp. v. Allied Mutual Insurance Co. 536 N.W.2d 305 Minn. 1995
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SCSC Corp. v. Allied Mutual Insurance Co.
536 N.W.2d 305
Minn. 1995
Morrison v. Swenson, 274 Minn. 127, 137-38
- Frank v. Winter 528 N.W.2d 910 Minn. Ct. App. 1995
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Frank v. Winter
528 N.W.2d 910
Minn. Ct. App. 1995
t capacity.” Eddy, d at 176 ; accord Norby, 304 Minn, at 468, d at 668 (dispositive issue to determine insurer liability for agent’s act was whether party actually was an agent); Pesina v. Juarez, 288 Minn. 379, 384 , (where insurer did not deny agency relationship trial court properly examined scope of agent’s apparent authority); Morrison v. Swenson, 274 Minn. 127, 135 , (“Once it is established that one who purports to represent an insurance company is its agent, a parol contract will bind th
- Independent School District No. 197 v. Accident & Casualty Insurance of Winterthur 525 N.W.2d 600 Minn. Ct. App. 1995
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Independent School District No. 197 v. Accident & Casualty Insurance of Winterthur
525 N.W.2d 600
Minn. Ct. App. 1995
Cos., (attorney fees allowed only when authorized by statute or provided for in *608 contract); Morrison v. Swenson, 274 Minn. 127, 138 , (recognizing limited exception to general rule when insurer wrongfully refuses to defend its insured).
- Sazama Excavating, Inc. v. Wausau Insurance Companies 521 N.W.2d 379 Minn. Ct. App. 1994
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Sazama Excavating, Inc. v. Wausau Insurance Companies
521 N.W.2d 379
Minn. Ct. App. 1994
Morrison v. Swenson, 274 Minn. 127, 138
- SCSC Corp. v. Allied Mutual Insurance Co. 515 N.W.2d 588 Minn. Ct. App. 1994