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No-Fault Act Permits UIM Policies To Limit Coverage To Persons Who Suffer “Bodily Injury” In Wrongful Death Actions

The Minnesota Court of Appeals recently held that a policy providing underinsured motorist (UIM) coverage only to “insureds” who sustain “bodily injury” in a motor vehicle accident complies with the Minnesota No-Fault Act.  The published opinion Hanbury v. American Family Mut. Ins. Co., — N.W.2d –, No. A14-1746 (Minn. App. June 15, 2015), involved a… Read more »

No Underinsured Motorist Coverage for Insured’s Collision with a Snowmobile

A Minnesota federal court recently held that an insured who collided with a snowmobile was not entitled to underinsured motorist benefits under the terms of the policy.  In United Financial Casualty Co. v. Nelson, No. CIV. 14-816 JRT/LIB (D. Minn. May 18, 2015), United insured, under a Commercial Auto Policy (“the Policy”), a semi-tractor and trailer… Read more »

Insurance Coverage: Eighth Circuit Finds No Duty To Defend Trademark Infringement Claim Under Advertising Injury Coverage In CGL Policy Under Minnesota Law.

The United States Court of Appeals for the Eighth Circuit recently weighed in on an important insurance coverage issue surrounding commercial general liability (CGL) policies and intellectual property claims in Minnesota.  In Selective Insurance Co. of Am. v. Smart Candle, LLC, — F.3d — (8th Cir. 2015), the Court held an insurer has no duty… Read more »

FDCPA Update: Eighth Circuit Holds Collection Agency’s FCRA “Disputed Debt” Compliance Is Not Debt Collection Activity Under To The FDCPA.

In McIvor v. Credit Control Services, Inc., — F.3d —, No. 14-1164 (8th Cir. Dec. 14, 2014), plaintiff alleged Credit Control Services violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692e(8), by failing to communicate that a debt was “disputed.”  Plaintiff alleged that she disputed a $242 debt to Credit Control by making… Read more »

Lookin’ For Some Hot Stuff: Eighth Circuit Reverses A Million Dollar Coverage Award To Hot Stuff Foods. Phrase “May Likely Result” Does Not Create Ambiguity.

The Eighth Circuit Court of Appeals recently reversed a jury verdict of over $1,000,000 in a food product recall and insurance coverage case based on meaning of “may likely result” in a food product contamination policy.  The case, Hot Stuff Foods, LLC v. Houston Cas. Co., — F.3d —, No. 14-1192, (8th Cir. Nov. 17,… Read more »