In Minnesota, an insurer is prohibited by statute from subrogating against its “insured” for a loss caused by the non-intentional acts of the “insured.” Minn. Stat. § 60A.41(a). But who is an “insured”? The Minnesota Court of Appeals recently answered … Continue reading
OLWK Attorneys Brian McSherry and Lance Meyer recently co-authored an article regarding the Minnesota Supreme Court’s decision in Kelly v. Kraemer Constr., Inc., in which the court broadly applied the common-enterprise defense after a twenty-year hiatus. As discussed in a … Continue reading
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.
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
This week, the Minnesota Supreme Court held in Kelly v. Kraemer Construction, Inc., A15-1751, that a general contractor hired to repair two bridges and the subcontractor it hired to assist with the project were engaged in a common enterprise for … Continue reading
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
In Founders Ins. Co. v. Yates, the Minnesota Court of Appeals recently held that an out-of-state insurer that is not licensed to write motor-vehicle insurance in Minnesota is not obligated to provide basic economic-loss benefits under the Minnesota No-Fault Automobile … Continue reading