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The Eighth Circuit Court of Appeals, applying Minnesota law, recently held “leakage” is not “seepage” and found a homeowner had coverage for water damage caused by a broken drain pipe. In Syfco v. Encompass Indemnity Co., — F.3d —, 13-2903 (8th Cir. July 31, 2014), policyholder Jessica Sysco sued Encompass to recover repair costs to… Read more »
The Minnesota Supreme Court recently ruled the more stringent federal standard for pleadings does not apply to civil cases in Minnesota state courts. The stringent Twombly/Iqbal pleading standard requires complaints to have enough facts to state a claim to relief that is plausible on its face. Put differently, the complaint must contain factual allegations that… Read more »
A Minnesota federal court recently held a project-location endorsement precluded coverage under a business risk policy. In Capitol Indemnity Corp. v. Ashanti, 12-CV-1401 PJS/JJG (D. Minn. June 26, 2014), Capitol Indemnity sought a declaration that its policy to Ashanti did not cover claims to Marlene Adams, who was shot in the arm. Ashanti operated a… Read more »
Minnesota’s six-year “act or omission” statute of limitation for wrongful-death claims begins to run with the decedent’s last physical exposure to a toxin, and not when the harm has manifested and is causally linked to the exposure. In Walsh v. Flint Group, Inc., A13-1771 (Minn. App. July 7, 2014) (unpublished), the heirs and next-of-kin to… Read more »
The Minnesota Court of Appeals recently ruled that under the Minnesota No-Fault Act, an injured insured who has primary responsibility for the management of a household is entitled to the reasonable value of the insured’s household care and maintenance, regardless of whether the services were replaced so long as the insured could not perform them. … Read more »
A Minnesota federal court recently granted equitable contribution to an excess insurer against a primary insurer for amounts paid on behalf of their mutual insured. In Lexington Ins. Co. v. AXIS Surplus Ins. Co., Civ. No. 13-3348 (RHK/FLN) (D. Minn. June 4, 2014), Lexington Insurance Company contributed $2 million towards settlement of an underlying lawsuit… Read more »
In Netherlands Ins. Co. v. Main Street Ingredients, LLC, — F.3d –, 13-1316, 2014 WL 1012793 (8th Cir. Mar. 18, 2014), the United States Court of Appeals for the Eighth Circuit, applying Minnesota law, recently held an insurer owed a duty to defend and indemnify for a loss arising out of an instant milk recall. … Read more »
A Minnesota federal court recently ruled a fidelity bond responsible to pay damages to a third-party where an employee used the principal bank to complete a fraudulent transfer. In Avon State Bank v. BancInsure, Inc., CIV. 12-2557 RHK/LIB (D. Minn. Jan. 10, 2014) (case pending appeal to the Eight Circuit), Avon State Bank made a… Read more »
Bob represented the owners of a golf course in a surface water and subsurface water intrusion case. The plaintiff homeowner claimed the golf course adjacent to her property caused surface and subsurface water to flow onto her property, flooding her lawn and basement. Plaintiff alleged negligence, nuisance and trespass against the golf course. The district… Read more »
Bob and Tom represented an in-store vendor in a premises liability matter arising from a “slip and fall” at a grocery store in the Twin Cities. The plaintiff claimed a puddle near the entrance of the store and the client’s display caused him to fall and sustain severe neck and back injuries requiring surgery. The… Read more »
