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Sletten & Brettin Orthodontics, LLC v. Cont'l Cas. Co.

United States Court of Appeals, Eighth Circuit

March 19, 2015

Sletten & Brettin Orthodontics, LLC; Daniel W. Sletten, DDS, Plaintiffs - Appellants
v.
Continental Casualty Company; Wells Fargo Insurance Services USA, Inc., Defendants - Appellees

Submitted October 7, 2014

Page 932

Appeal from United States District Court for the District of Minnesota - Minneapolis.

For Sletten & Brettin Orthodontics, LLC, Daniel W. Sletten, DDS, Plaintiffs - Appellants: Kay Nord Hunt Brent Johnson, Lommen & Abdo, Minneapolis, MN; Thomas R. Jacobson, Lommen & Nelson, Hudson, WI.

For Continental Casualty Company, Defendant - Appellee: Tiffany M. Brown, William Michael Hart, Meagher & Geer, Minneapolis, MN; Daniel Vincent Marsalli, Colliau & Carluccio, Chicago, IL.

For Wells Fargo Insurance Services USA, Inc., Defendant - Appellee: Mark Joseph Carpenter, Carpenter Law Firm, Edina, MN; Daniel Vincent Marsalli, Colliau & Carluccio, Chicago, IL.

Before MURPHY, SMITH, and GRUENDER, Circuit Judges.

OPINION

Page 933

GRUENDER, Circuit Judge.

Sletten & Brettin Orthodontics, LLC and Daniel Sletten appeal the district court's[1] dismissal of their complaint with prejudice. We affirm.

I.

In 2006, Daniel Sletten, an orthodontist practicing in Minnesota and Wisconsin, bought general liability and personal injury liability insurance from Continental Casualty Company (" Continental" ) through Wells Fargo Insurance Services (" Wells Fargo" ). The next year, Sletten formed Sletten & Brettin Orthodontics, LLC (" S& B" ). S& B opened an office in Hudson, Wisconsin and employed Bryan Brettin to practice orthodontics there. Sletten notified Wells Fargo that he had opened the Hudson office and requested coverage for this business location. Wells Fargo added the Hudson office as an additional insured location but never added S& B as a named insured.

In 2012, Douglas Wolff, a dentist, and St. Croix Valley Dental, PLLC, (together referred to as " St. Croix" ) sued S& B and Brettin in Minnesota state court. The complaint ...


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