Category Archives: Motor Vehicle

Motor Vehicle News

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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As 2017 Comes to a Close, Minnesota’s Appellate Courts Continue to Grapple with the Issue of Foreseeability in Tort Cases

In 2017, the Minnesota Supreme Court has grappled with the issue of foreseeability in a variety of tort cases.  In particular, the supreme court has been asked in product- and premises-liability cases to determine whether the issue of foreseeability should … Continue reading

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Minnesota Court of Appeals Clarifies Application of Effective Date of January 2015 No-Fault Act Maximum Weekly Benefits Amendments

In an unpublished case decided April 17, 2017, the Minnesota Court of Appeals clarified that individuals entitled to no-fault economic-loss benefits after January 1, 2015 are entitled to the amended maximum of $500 per week rather than the previous maximum … Continue reading

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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

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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 v. American Legion Post #270, an unpublished decision, the Minnesota Court of Appeals affirmed its stance that dram shop action claimants must provide notice of claims to licensees (i.e., “licensed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

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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

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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

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Attorneys O’Meara, Thornsjo and Leer Named 2016 SuperLawyers; McSherry Named Rising Star

O’Meara, Leer, Wagner and Kohl is proud to announce that three of the Firm’s shareholders –Shamus P. O’Meara, Timothy J. Leer and Dale O. Thornsjo – have once again been recognized as “Super Lawyers” by their peers in Minnesota.  Joining them this … Continue reading

Posted in Alternative Dispute Resolution, Business and Commercial Law, Construction Law, Education Law, General Liability, Insurance Coverage, Motor Vehicle, O'Meara, Leer, Wagner & Kohl News, Our People, Premises Liability, Products Liability, Professional Liability | Leave a comment

Minnesota Court of Appeals extends Swanson v. Brewster collateral-source ruling to cases in which a subrogation interest is asserted, confirming that negotiated discounts are always collateral sources subject to offset under Minn. Stat. § 548.251.

Six years ago, the Minnesota Supreme Court held in Swanson v. Brewster, 784 N.W.2d 264 (Minn. 2010), that negotiated-discount amounts—amounts a plaintiff is billed by a medical provider but does not pay because the plaintiff’s health insurance provider negotiates a … Continue reading

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Minnesota Supreme Court affirms the statute of limitations for UM claims, both primary and excess, is 6 years from the date of the accident.

In Hegseth v. Am. Family Mut. Ins. Co., A14-1139, the Minnesota Supreme Court held that the statute of limitations for excess uninsured motorist (“UM”) benefits begins to run on the date of the accident regardless of whether an insured’s claim … Continue reading

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