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Clearing The Murky Waters Of Equitable Contribution: Insured Can’t Recover Unpaid Defense Costs From Its Insurers On Equitable Contribution Grounds.
A Minnesota federal court recently held the insured’s equitable contribution obligation to a co-insurer cannot be reduced by unpaid... read more
Open And Obvious Isn’t Enough: Anticipated Risk Doctrine Applied In Premises Liability Case.
A Minnesota appellate court recently applied the anticipated risk doctrine to find an issue of material fact precluded summary... 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... read more
Minnesota Supreme Court Recognizes Common Law Claim for Negligent Selection of Independent Contractor
The Minnesota Supreme Court, in Alonzo v. Menholt, ___ N.W.3d ___ (Minn. 2024), recently held the tort of negligent... read more
Eighth Circuit Holds Multiple Wrongful Acts To Multiple Plaintiffs Are One “Claim” Under Professional Liability Policy
The Eighth Circuit Court of Appeals, applying Minnesota law, recently held multiple wrongful acts to several plaintiffs were subject... read more
Eight Circuit: No-Fault Advertising Restrictions On Chiropractor “Referral” Services Are Constitutional.
The Eight Circuit Court of Appeals recently upheld amendments to Minnesota’s No Fault Act that limited advertisements of healthcare... read more
Business Litigation: Eighth Circuit Affirms Verdict for Tortious Interference with Employment Contract.
Applying Minnesota law, the Eighth Circuit Court of Appeals recently affirmed a verdict in favor of St. Jude Medical... read more
Minnesota Federal Court: Non-Business Use Exclusion Precludes Coverage Under Excess Insurance Policy.
A Minnesota Federal Court recently held that a non-business use exclusion for a commercial umbrella policy applied to claims... read more
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... read more
Bob Kuderer and Tom Brock Post Summary Judgment Victory in a Slip-and-Fall Case.
Bob and Tom represented an in-store vendor in a premises liability matter arising from a “slip and fall” at... read more