Fairview Hospital and Health Care Services

1. When the district court determined that the evidence presented by Fairview in opposition to St. Paul's motion for summary judgment was speculative, it did not make an evidentiary determination, but rather weighed the evidence. Therefore, de novo review is appropriate. 2. The evidence Fairview submitted to the district court in opposition to St. Paul's motion for summary judgment is sufficient to demonstrate that a genuine issue of material fact exists as to whether an actual injury occurred during the policy periods at issue. Therefore, the district court erred as a matter of law by granting summary judgment in favor of St. Paul.