Latest News

Is Broad Indemnity Dead in Minnesota? When “Any and All” Doesn’t Mean Any and All: Idemnity Clause Does Not Apply to Own Negligence Unless Expressly Stated.

The Minnesota Supreme Court recently struck down language purporting to apply to the indemnitee’s because the indemnity clause did not state so expressly. Put another way, broad, indemnity clauses – e.g. “from and against any and all liabilities” – does not require the indemnifying party to indemnify against claims for the other party’s own negligence…. Read more »

Minnesota Supreme Court Defines “Machines” under Statute of Repose and Sets Rule Regarding Manufacturer’s Post-Sale Duty to Warn

Minnesota Supreme Court determines what is “machines” under statute of limitations for improvements to Real Property and sets rule regarding manufacturer’s post-sale Duty to Warn. The Minnesota Supreme Court recently applied the exception in Minn. Stat. § 541.051 (1)(e) for “machinery installed upon real property,” and established the rule for a product manufacturer’s post-sale duty… Read more »

ALTERNATIVE DISPUTE RESOLUTION/MEDIATION

Effective May 11, 2017, Erickson Law Firm shareholder and attorney Matthew Johnson is now a qualified neutral under Rule 114 of the Minnesota General Rules of Practice.  As part of his litigation practice, Mr. Johnson serves as mediator for parties who wish to mediate their legal disputes.

NO-FAULT STATUTORY BUSINESS PREMISES EXCLUSION APPLIED TO MOBILE BUSINESS

On December 12, 2013, Jose Luis Estrada-Martinez died from carbon monoxide poisoning while repairing a customer’s tire inside his truck on a winter evening.  Estrada-Martinez was self-employed providing vehicle repair services for customers, which he often performed in the rear cargo bay of his truck.  In Castillo v. American Standard Insurance Co., Case No. A16-1002,… Read more »

Insurance Coverage: Eighth Circuit finds Bank is entitled to Bond Coverage for Cyber Theft of $485,000 despite Employees Failure to Follow Security Procedures.

The Eighth Circuit Court of Appeals reached an important decision regarding insurance coverage for cyber thefts from banks.  The key takeaways from the case, State Bank of Bellingham v. BancInsure, Inc., — F.3d —, No. 14-3432 (8th Cir. May 20, 2016), are: Failure by a bank’s employees to follow established security measures may negate coverage… Read more »

Insurance Coverage: Eighth Circuit Holds Miller-Shugart Agreement after Drake-Ryan Settlement Violates Umbrella Policy’s Cooperation Clause.

The Eighth Circuit Court of Appeals, applying Minnesota law, recently held that entering a Miller-Shugart agreement after entering a Drake-Ryan agreement breaches the cooperation clause of the umbrella policy voiding coverage under the policy.  The facts in American Family Mut. Ins. Co. v. Donaldson, — F.3d —, No. 15-1465, (8th Cir. Apr. 26, 2016), make… Read more »

Insurance Coverage & Data Privacy: Fourth Circuit finds duty to defend; posting of patient medical information is a “publication” under a CGL policy.

The Fourth Circuit Court of Appeals recently held that posting of confidential patient information constitutes “publication” under a standard CGL policy.  Travelers Indem. Co. of Am. v. Portal Healthcare Sols., LLC affirms a lower court’s ruling that posting confidential medical records online qualifies as a “publication” under a commercial general liability (CGL) policy, triggering the… Read more »