Motor Vehicle and Trucking

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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As 2017 Comes to a Close, Minnesota’s Appellate Courts Continue to Grapple with the Issue of Foreseeability in Tort Cases

In 2017, the Minnesota Supreme Court has grappled with the issue of foreseeability in a variety of tort cases.  In particular, the...

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Minnesota Court of Appeals Clarifies Application of Effective Date of January 2015 No-Fault Act Maximum Weekly Benefits Amendments

In an unpublished case decided April 17, 2017, the Minnesota Court of Appeals clarified that individuals entitled to no-fault...

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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 v. American Legion Post #270 , an unpublished decision, the Minnesota Court of Appeals affirmed its stance that...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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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 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...

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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 allows insureds to double dip and recover medical expenses under the No-Fault Act after recovering the same expenses in a prior negligence actions.

The Minnesota Supreme Court held this week in State Farm Mut. Auto. Ins. Co. v. Lennartson that the Minnesota No-Fault Act does...

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Minnesota Supreme Court Expands Availability of Excess Underinsured Motorist (UIM) Coverage under Section 65B.49, subd. 3a(5) of the Minnesota No-Fault Act.

Following a school bus accident in February 2008 and a settlement with the insurers for the at-fault vehicle and school bus, an...

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Minnesota Supreme Court holds that heads of households do not need to replace services to recover replacement service loss benefits under the Minnesota No-Fault Act.

On June 17, 2015, the Minnesota Supreme Court held in Schroeder v. W. Nat. Mut. Ins. Co., A13-2289, 2015 WL 3739535 , that an...

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Minnesota Court of Appeals Determines Buses Operated by the Metropolitan Council are “motor vehicles” under the Minnesota No-Fault Automobile Insurance Act.

In a 3-0 decision this week in State Farm Mut. Auto. Ins. Co. v. Metropolitan Council , the Minnesota Court of Appeals...

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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...

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Court of Appeals Rules UIM Payments Made Before a Verdict Constitute a Collateral Source Subtracted From the Jury Verdict

In the recent case of Russell v. Haji-Ali, the Minnesota Court of Appeals held in a published opinion that receipt of UIM payments...

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O’Meara, Leer, Wagner & Kohl, P.A. Obtains Summary Judgment Dismissal of Alleged “Cow” Related Accident

In June of 2008, Plaintiff allegedly was involved in a motor vehicle accident with a cow in a rural area of Minnesota.  Plaintiff...

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