DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
071305P.pdf 02/07/2008 Corn Plus Cooperative v. Continental Casualty Co.
U.S. Court of Appeals Case No: 07-1305
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Murphy, Author, with Hansen and Gruender, Circuit Judges]
Civil Case - diversity - declaratory action. District court's refusal to
enforce settlement agreement because settlement was unreasonable for
not allocating the damages by type of loss is affirmed. The district court
did not err in finding the exclusions bar coverage of the costs associated
with repairing faulty weldings and for loss of the facility's use, did not
err in concluding agreement was unenforceable as a matter of law, and did
not err in refusing to enforce addendum in light of public policy concerns.
Court declines to reinstate the litigation underlying the settlement based
on the party's waiver.