News & Resources
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...
Read MoreMinnesota 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...
Read MoreWisconsin 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...
Read MoreMinnesota Workers' Compensation Subrogation
Follow the link to read the Workers' Compensation Subrogation Guide written by Shamus O'Meara .
Read MoreMinnesota 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...
Read MoreThe 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...
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 MoreMinnesota 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...
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 More