Wood Goods Galore, Inc. v. Reinsurance Ass'n of Minnesota

478 N.W.2d 205, 1991 Minn. App. LEXIS 1130, 1991 WL 252668
CourtCourt of Appeals of Minnesota
DecidedDecember 3, 1991
DocketC1-91-682, C9-91-901
StatusPublished
Cited by9 cases

This text of 478 N.W.2d 205 (Wood Goods Galore, Inc. v. Reinsurance Ass'n of Minnesota) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wood Goods Galore, Inc. v. Reinsurance Ass'n of Minnesota, 478 N.W.2d 205, 1991 Minn. App. LEXIS 1130, 1991 WL 252668 (Mich. Ct. App. 1991).

Opinion

OPINION

FORSBERG, Judge.

Appellant Wood Goods Galore, Inc. (Wood Goods) brought this declaratory judgment action against respondent Reinsurance Association of Minnesota (RAM) to determine coverage under a business operation insurance policy following a fire at Wood Goods’ manufacturing facility in *207 Chester, Minnesota. Following trial, the court concluded Wood Goods was entitled to $80,000 in coverage for personal property loss; to coverage for business interruption loss at its retail store in Rochester, Minnesota, but not from its store in LaCrosse, Wisconsin; and to reasonable attorney fees under Minn.Stat. § 555.08 (1988). The court subsequently denied both parties’ motions for post-trial relief, and awarded Wood Goods attorney fees of $20,-000.

Wood Goods appeals the issue of the extent of the business interruption loss coverage, while RAM has filed a notice of review on the issues of attorney fees, personal property loss coverage, and business interruption loss coverage. We affirm in part, reverse in part.

FACTS

Wood Goods is owned by Timothy Logan and Timothy Ziebell. It manufactures wood furniture at a facility located on property in Chester which is being purchased from Logan’s father, Raymond Logan.

Wood Goods also sells furniture. In 1987, no furniture was sold from Chester. Wood Goods operated two retail stores, one in Rochester and the other in LaCrosse, which sold furniture manufactured at Chester. Approximately 60% of what was sold out of Rochester was manufactured at Chester, and approximately 70% of the sales from LaCrosse were manufactured at Chester. While approximately 40% of the furniture manufactured at Chester was sold to other furniture retailers or to commercial businesses, all sales were still arranged through the Rochester or LaCrosse store.

In August 1987, Wood Goods’ three properties were insured under different policies with different companies. Chester was insured under a policy issued by RAM and purchased through the A1 Heartman Insurance Agency. The policy named Raymond and Lorraine Logan as the insureds, provided $40,000 in business personal property loss coverage, and included coverage for business income or business interruption loss. Rochester was insured under a different policy through another insurance agency. LaCrosse was insured by a Wisconsin agency under a State Farm policy that provided $45,000 in business personal property loss coverage.

During 1987, Woods Goods applied for an extended line of credit with Norwest Bank in Rochester. Ziebell and Logan both testified their negotiations were finalized at a meeting with the bank’s representative on September 30,1987. A Letter of Understanding (Letter) dated September 30 sets out the terms underlying the issuance of this line of credit. The Letter indicates the loans are secured by “all inventory, accounts receivable, and equipment of all stores.” It further states Wood Goods agrees to “[mjaintain hazard insurance in an amount not less than the outstanding balance of indebtedness to the bank on collateral pledged to the bank.”

One of the financial statements referred to in the Letter was introduced at trial, and indicates that as of August 31, 1987, Wood Goods had inventory and equipment worth over $200,000. Ziebell testified the inventory and equipment at Chester alone totalled over $80,000.

Logan and Ziebell claim that immediately after the September 30 meeting with Nor-west, they met with A1 Heartman at his office to review their coverage and obtain the insurance required by Norwest. Heart-man denied meeting with Logan and Ziebell on September 30, and testified he was on vacation. Logan and Ziebell nevertheless insist they met with Heartman sometime around September 30, and that they requested $40,000 additional coverage on Chester and $80,000 coverage on Rochester.

A binder was introduced at trial dated September 30, which provides $80,000 in personal property coverage on Rochester but only $40,000 on Chester. A former employee of the Heartman Agency, Carol Houfer, testified she prepared the binder at the request of Logan and Ziebell, who came into the office. She stated Heartman was not present at the meeting. Houfer testified Logan and Ziebell “wanted to add $80,-000 coverage at [Rochester] for contents.” *208 She further testified there was no discussion of coverage for Chester and “that [the binder] was to show $40,000 at Chester, not an additional $40,000.”

A memo dated October 13 from Houfer to RAM was introduced at trial. In that memo, Houfer requests that the named insured on the policy be changed from Raymond and Lorraine Logan to Wood Goods, that the Rochester location be added with contents coverage of $80,000, and that the contents coverage at Chester remain at $40,000.

On November 7, 1987, a fire occurred at Chester. Heartman testified he did not see Logan and Ziebell until November 10, three days after the fire. Heartman further testified it was at this meeting he first learned of Wood Goods’ request for $80,000 in personal property loss coverage for Chester. In a note he made of the meeting, Heart-man indicated the coverage on Chester should be changed from $40,000 to $80,000, effective. November 10.

After this November 10 meeting, the Heartman Agency sent a letter to Cindy Baker in RAM’s underwriting department. In response, Baker issued a declaration sheet dated November 25. This declaration sheet shows an effective date of October 16, and lists Chester as having $80,000 in business personal property loss coverage. However, Baker testified she would not have issued the declaration sheet had she known about the November 7 fire, and the issuance was an error on her part.

The trial court concluded Wood Goods was entitled to $80,000 in personal property loss coverage on Chester, to coverage for business interruption loss stemming from Rochester but not from LaCrosse, and to reasonable attorney fees under Minn.Stat. § 555.08. Both parties appeal.

ISSUES

1. Did the trial court err in declaring Wood Goods entitled to $80,000 in personal property loss coverage?

2. Did the trial court err in declaring Wood Goods entitled to coverage for losses stemming from its Rochester store but not from its LaCrosse store?

3.Was the trial court’s award of $20,-000 in attorney fees proper?

ANALYSIS

I.

The trial court concluded that on the date of the fire, Wood Goods’ insurance policy provided $80,000 in coverage for business personal property loss. In so doing, the court found that on or about September 30, 1987, Logan and Ziebell requested $80,000 in coverage on Chester from the Heartman Agency; and that the Heartman Agency mistakenly issued a binder providing only $40,000 in coverage.

RAM frames the issue as whether the trial court erred in allowing reformation of the contract. In denying both parties’ post-trial motions, the trial court expressly rejected RAM’s reformation argument, reasoning there is no need to reform the contract because “I have concluded that the contract was made at the time A1 Heart-man agreed to provide the necessary coverage, and that at that time the parties agreed to $80,000 as the amount.”

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Bluebook (online)
478 N.W.2d 205, 1991 Minn. App. LEXIS 1130, 1991 WL 252668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-goods-galore-inc-v-reinsurance-assn-of-minnesota-minnctapp-1991.