Posts By: Erickson, Zierke, Kuderer & Madsen, P.A.

The Minnesota Supreme Court Rules Miller-Shugart Agreements Need Not Necessarily Allocate Between Covered and Uncovered Claims

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In King’s Cove Marina, LLV v. United Fire & Cas. Co., A19-0078 (Minn. April 14, 2021), the Minnesota Supreme Court rules on the “your work” exclusion in a standard CGL policy as well as set forth the rule on Miller-Shugart settlement allocations. In the underlying liability case, Lambert Construction entered into a Miller-Shugart settlement agreement… Read more »

Firm Wins Minnesota Supreme Court Decision in Improvement to Real Property Case

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Bob Kuderer, with the assistance of Tom Brock and Madeline Davis, successfully argued the 2-year statute of limitations in Minn. Stat. § 541.051, subd. 1(a) (2016) applies to claims arising from the replacement of a broken, asbestos-insulated boiler.  On February 3, 2021, the Minnesota Supreme Court affirmed the lower courts’ decision in applying the statute… Read more »

Summary Judgment Granted in Open and Obvious Hazard Case

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Greg Kuderer, with the assistance of Tom Brock and Madeline Davis, represented a private property owner in a premises liability “slip and fall” case.  The plaintiff, hired occasionally by defendant as a day laborer, claimed defendant was liable for injuries and damages after plaintiff fell from defendant’s roof.  Plaintiff alleged defendant had duties to warn… Read more »

Minnesota Supreme Court Decision Affirms Expansion of What Constitutes Insurer Bad Faith in Underinsured Motorist Actions.

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The Minnesota Supreme Court affirmed the Minnesota Court of Appeals decision in Peterson v. Western National Mutual Insurance, A18-1081 (Minn. July 29, 2020), holding that an insured may succeed on a bad-faith claim against the insurer when the insured proves two prongs: first, that after conducting a full investigation and fairly evaluating the evidence, a… Read more »

The Minnesota Supreme Court Overturns Common Law Prohibition Against Champertous Agreements

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In Maslowski v. Prospect Funding Partners, et. al, A18-1906 (Minn. June 3, 2020), the Minnesota Supreme Court abolished the common law prohibition against champerty.  This landmark decision arose from a 2012 automobile accident, involving Pamela Maslowski.  Maslowski sought financing from Prospect Funding Partners, LLC.  Prospect advanced Maslowski $6,000 in exchange for a portion of her… Read more »

Did the Coronavirus Make Contracts Unenforceable? Minnesota Law of Nonperformance Due to Force Majeure.

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The outbreak of the novel coronavirus disease 2019 (also called COVID-19) has led to many companies to anticipate nonperformance of their contracts.  Some companies may breathe a sigh of relief knowing their contracts have “force majeure” clauses, but does COVID-19 qualify as such an event? In Minnesota, force majeure clauses are contract-specific and courts hold… Read more »

Is there insurance coverage for coronavirus? What Minnesota businesses can do now.

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Actions your company should take to determine coverage.   The novel coronavirus pandemic (COVID-19) is having an unprecedented impact on the global economy.  In Minnesota, the virus has resulted in mandatory restaurant and public accommodation closures, event cancellations, drastic changes in consumer behavior, and supply chain disruptions.  The virus will impact the bottom line of… Read more »

Minnesota Comparative Fault Act Does Not Reduce Damages Owed by Third-Party Defendant Where Jury Find Plaintiff’s Employer Also Shares a Percentage of Fault

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In Fish v. Ramler Trucking Inc., 2019 WL 272865 (Minn. Ct. App. Jan. 22, 2019), the Minnesota Court of Appeals determined that Minnesota’s comparative fault statute does not apply to reduce the amount of a judgment entered against a third-party tortfeasor based on the percentage of fault allocated to an employer immune from tort liability… Read more »

Minnesota Supreme Court Refuses to Extend Doctrine of Implied Primary Assumption of Risk in Two Separate Cases

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The Minnesota Supreme Court, in Soderberg v. Anderson, 922 N.W.2d 200 (Minn. 2019) and in Henson v. Uptown Drink, LLC, 922 N.W.2d 185 (Minn. 2019), declined to abolish the doctrine of implied primary assumption in its entirety, but declined to apply it to claims of negligence arising out of a snowboarding accident and a fatal… Read more »

Congratulations to Tom Brock

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The Erickson Law Firm is pleased to announce that Tom Brock has joined us as a Shareholder effective today, January 3, 2019. Tom has done an exceptional job for the firm and our clients since the day he arrived as a law clerk back in 2013.  We look forward to practicing with him for many… Read more »