Subrogation

Minnesota Supreme Court finds Medicaid Discounts are an Exception to Collateral-Source Offsets to Jury Awards

Recently, the Minnesota Supreme Court decided Getz v. Peace, --- N.W.2d ---, A18-0121 (Minn. Oct. 16, 2019), and affirmed the...

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Minnesota Workers' Compensation Subrogation and Employer Liability for Claims Professionals and Risk Managers

Shamus O'Meara recently completed revisions to a practical claims guide entitled  Minnesota Workers' Compensation...

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Wisconsin Court of Appeals Clarifies Applicability of Economic Loss Doctrine in Cases Involving Damage to “Other Property”

The Wisconsin Court of Appeals recently addressed the application of an often misapplied exception to the economic loss doctrine in...

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Minnesota Workers' Compensation Subrogation

Follow the link to read the Workers' Compensation Subrogation Guide written by Shamus O'Meara . 

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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...

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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...

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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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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 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...

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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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