Category Archives: Insurance Coverage

Insurance Coverage News

Best Lawyers in America© Recognizes Two O’Meara, Leer, Wagner & Kohl Shareholders for 2019

The litigation firm O’Meara, Leer, Wagner & Kohl, P.A. in Minneapolis is pleased to announce that Shareholders Dale O. Thornsjo and Christopher E. Celichowski have been selected by their peers for inclusion in The Best Lawyers in America 2019. Mr. … Continue reading

Posted in Insurance Coverage, Insurance Coverage Practice Group, Toxic and Mass Tort, Workers' Compensation | Leave a comment

Wisconsin Supreme Court Holds Negligent Supervision is Not an “Occurrence”

In a 4-3 decision, the Wisconsin Supreme Court recently held in Talley v. Mustafa, No. 2015AP2356, 2018 WI 47 (May 11, 2018) that an employer’s business-owners liability policy does not cover a negligent supervision claim arising out of an employee’s … Continue reading

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Mens Rea of Unidentified Driver Irrelevant for “Hit-and-Run Motor Vehicle” Coverage under UM Policy

In Minnesota, mandatory “uninsured motorist coverage” includes coverage for bodily injury caused by “hit-and-run motor vehicles.”  But until this past week, it wasn’t clear exactly what constitutes a “hit-and-run motor vehicle.” A worker power washing the interior of a parking … Continue reading

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Applying Illinois law, Seventh Circuit broadly applies “Damage to Property” Exclusion to Bar Coverage for Damaged Grain Bin

The “Damage to Property” exclusion in the standard commercial general liability policy excludes coverage for “property damage” to: (5)        [t]hat particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your … Continue reading

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Minnesota Supreme Court Extends Interest Statute—Minn. Stat. § 549.09—to Appraisal Awards

In Poehler v. Cincinnati Insurance Company, A15-0958 (July 19, 2017), the supreme court extended Minnesota’s interest statute—Minn. Stat. § 549.09—to apply to appraisal awards under a fire insurance policy. Read our full analysis here.

Posted in Insurance Coverage, Property and Fire, Subrogation | Leave a comment

Minnesota Supreme Court Issues Anti-Manufacturer Decision in Products-Liability Case and Grants Review in Another Significant Case for Product Manufacturers

The Minnesota Supreme Court recently took action in two products-liability cases we have been monitoring. First, the court issued its decision in Montemayor v. Sebright Products, Inc., A15-1188 (July 12, 2017), a case stemming from an incident in which a … Continue reading

Posted in Construction Law, Insurance Coverage, Premises Liability, Products Liability, Property and Fire, Subrogation | Leave a comment

Pre-Treatment Assignments of No-Fault Benefits Prohibited by Auto Policy’s Anti-Assignment Clause

It has become more and more common for medical, diagnostic, and chiropractic providers to require patients to assign their interests in basic economic loss benefits under the No-Fault Act to the provider as a precondition to treatment.  The provider then … Continue reading

Posted in Insurance Coverage, Motor Vehicle | Leave a comment

In Dram Shop Cases, Notice of Claim Provided to Liquor Seller’s Insurer Is Insufficient Notice to Seller, Barring Claim

In Buskey et al. v. American Legion Post #270, an unpublished decision, the Minnesota Court of Appeals affirmed its stance that dram shop action claimants must provide notice of claims to licensees (i.e., “licensed retailers of alcoholic beverages or municipal … Continue reading

Posted in Government Liability, Insurance Coverage, Liquor Liability, Motor Vehicle | Leave a comment

Out-of-State Insurers Responsible for Paying Minnesota No-Fault Benefits

For years, insurers who chose not to do business in Minnesota did not need to conform their polices to Minnesota’s No-Fault Act, even when their insureds and their insured vehicles were involved in accidents within the state. This week, in … Continue reading

Posted in Insurance Coverage, Motor Vehicle | Leave a comment

MN Court of Appeals Holds that Failure to Sue Tortfeasor Precludes UIM Claim

In Ronning v. State Farm, A16-0538, the Minnesota Court of Appeals ruled in a published decision that insureds who fail to sue the tortfeasor may not bring a claim for underinsured motorist benefits because their claim has not ripened. In … Continue reading

Posted in General Liability, Insurance Coverage, Motor Vehicle, Professional Liability, Uncategorized | Leave a comment