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The Minnesota Supreme Court Overturns Common Law Prohibition Against Champertous Agreements
In Maslowski v. Prospect Funding Partners, et. al, A18-1906 (Minn. June 3, 2020), the Minnesota Supreme Court abolished the... read more
Intentional-Injury Exclusion Bars Coverage Where Insured Fled Police While Intoxicated.
A Minnesota federal court recently applied an intentional-act exclusion in a personal liability umbrella policy to an intoxicated driver... 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
Personal Injury and Uninsured Motorist Benefits: Court holds that “Coverage Available” For Excess UIM Coverage Equals the Difference Between the UIM Benefits Paid to the Insured from the Occupied Vehicle and the Excess UIM Policy’s Limit.
The Minnesota Supreme Court recently held that the term “coverage available” for excess UIM coverage refers to benefits paid... read more
The Minnesota Supreme Court Rules Miller-Shugart Agreements Need Not Necessarily Allocate Between Covered and Uncovered Claims
In King’s Cove Marina, LLV v. United Fire & Cas. Co., A19-0078 (Minn. April 14, 2021), the Minnesota Supreme... read more
Minnesota Court of Appeals: “Just plead negligent maintenance!” Recent decision could take teeth out of statute of repose for improvements to real property.
The Minnesota Court of Appeals recently held that the ten-year statute of repose for improvements to real property does... 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... 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
Minnesota Supreme Court Holds Exculpatory Clause Unenforceable
The Minnesota Supreme Court recently found an exculpatory clause in a recreational liability waiver unenforceable. In 2007, a seven-year-old... read more
Eighth Circuit Clarifies Equitable Remedies In Bobtail vs. Motor Carrier Coverage Case.
The Eighth Circuit Court of Appeals recently clarified the application of judicial estoppel in coverage cases. The court held... read more
