Category Archives: Subrogation

Subrogation News

Minnesota Court of Appeals defines who is an “insured” for purposes of Minn. Stat. § 60A.41(a) subrogation bar

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

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The Common Enterprise Defense is Alive and Well, But Still Not Without Limits

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

Posted in Business and Commercial Law, Construction Law, Employer Liability, Premises Liability, Subrogation, Workers' Compensation | Leave a comment

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

Minnesota Supreme Court Solidifies Common-Enterprise Doctrine with Ruling in Favor of Third Party

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

Posted in Business and Commercial Law, Construction Law, Employer Liability, Subrogation, Workers' Compensation | 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

Posted in General Liability, Insurance Coverage, Motor Vehicle, Subrogation, Transportation | Leave a comment

Minnesota Court of Appeals holds that out-of-state insurers not licensed to write motor-vehicle insurance in Minnesota are not obligated to provide no-fault benefits to insureds injured in Minnesota.

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

Posted in General Liability, Insurance Coverage, Life, Health, and Disability, Liquor Liability, Motor Vehicle, Self Insurance, Subrogation, Transportation | Leave a comment