Category Archives: Transportation

Transportation News

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 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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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

In No Fault context, MN Court of Appeals holds that maybe there is a free lunch

On July 7, 2014, the Minnesota Court of Appeals in Schroeder v. Western National Mutual Insurance Company, held that no-fault replacement services can actually be recovered when the replacement services themselves were never performed.   Read more here. OLWK shareholder Mike … Continue reading

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