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Insurance Coverage
Business Interruption Lawsuits Initiated From COVID-19 Pandemic
In the wake of the worldwide COVID-19 pandemic courts are beginning to see lawsuits from businesses claiming the virus...
Read MoreOLWK Attorneys Listed in 2020 Edition of The Best Lawyers in America©
O’Meara, Leer, Wagner & Kohl, P.A. is proud to announce that Dale O. Thornsjo and Christopher E. Celichowski have...
Read MoreEighth Circuit Remands for Allocation Between Covered and Uncovered Claims in Excess Insurance Coverage Case
In RSUI Indem. Co. v. New Horizon Kids Quest, Inc. , 2019 WL 3773463 , the Eighth Circuit recently held that an excess liability...
Read MoreNational Council of Insurance Legislators Adopts Model Act Concerning Restatement of the Law of Liability Insurance
At its annual Summer Meeting earlier this month, the National Council of Insurance Legislators (NCOIL) adopted a “Model...
Read MoreO’Meara, Leer, Wagner & Kohl, P.A. Attorneys Selected “Super Lawyers” and “Rising Star”
O’Meara, Leer, Wagner and Kohl proudly announces that three of the Firm’s shareholders –Timothy J. Leer...
Read MoreMinnesota Courts Continue to Grapple with Pre-Appraisal-Award Interest Claims Post-Poehler
Two years ago, in Poehler v. Cincinnati Insurance Company , 899 N.W.2d 135 (2017) , the Minnesota Supreme Court extended...
Read MoreWisconsin Supreme Court Upholds Application of Construction Contract Subrogation Waiver Over Statutory and Exculpatory Challenges
Subrogation waivers remain enforceable in the construction context in Wisconsin. In Rural Mut. Ins. Co. v. Lester...
Read More8th Circuit Enforces Matching Exclusion—Will Minnesota’s appellate courts follow suit?
In Noonan v. Am. Family Mut. Ins. Co., 924 F.3d 1026 (2019) , the Eight Circuit recently applied a “matching...
Read MoreEighth Circuit Applies Total Pollution Exclusion in Contaminated Livestock Feed Case
In a short six-page decision, the Eighth Circuit recently applied a total pollution exclusion to bar coverage in a contaminated...
Read MoreFederal Judge Holds Typographical Error in Policy Precludes Application of Exclusion
In Auto-Owners Ins. Co. v. Krammerer, 2019 WL 1875591 (D. Minn. Apr. 26, 2019), a person caring for a homeowner’s dogs sued...
Read MoreSeveral More States Respond to the ALI’s Restatement of Liability Insurance
In a recent article in Minnesota Defense (available here) regarding the American Law Institute’s Restatement of the Law...
Read MoreThe Restatement of the Law of Liability Insurance has been approved: Now what?
OLWK Attorneys Lance Meyer and Dale Thornsjo recently co-authored an article in the Minnesota Defense Lawyers...
Read MoreWisconsin 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)...
Read MoreMens 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...
Read MoreApplying 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...
Read MoreMinnesota 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...
Read MoreMinnesota 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...
Read MorePre-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...
Read MoreIn 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...
Read MoreOut-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,...
Read MoreMN 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...
Read MoreMinnesota Court of Appeals holds developer vicariously liable for design and construction defects under the Minnesota Common Interest Ownership Act
In one of the first appellate court decisions to address the scope and applicability of the implied warranties under the Minnesota...
Read MoreAttorneys 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...
Read MoreMinnesota 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...
Read MoreMinnesota 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...
Read MoreMinnesota Supreme Court holds a fact finder may consider embedded-labor-cost depreciation, among other factors, when determining the “actual cash value” of damaged property under the Broad Evidence Rule.
In reformulating and answering a certified question from Federal District Court for the District of Minnesota, the Minnesota...
Read MoreSubcontractor Exposure: 2013 Amendments to the Minnesota Anti-Indemnification Statute
Shamus O'Meara comments on important issues involving subcontractor liability and insurance coverage in his article,...
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