Insurance Coverage

Wisconsin 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...

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8th 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...

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Eighth 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...

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Federal 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...

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Several 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...

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The 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...

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Wisconsin 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)...

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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...

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Applying 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...

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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...

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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...

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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...

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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...

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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,...

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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...

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Minnesota 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...

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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...

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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...

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Minnesota 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...

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Subcontractor 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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