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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 »
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 »
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 »
The rules of evidence allow out-of-court statements made by either party or agents of either party to be admissible in court. In a recent Minnesota Court of Appeals case, Western National Mutual Ins. Co. v. Prospect Foundry, 2018 WL 1787687 (Minn. Ct. App. April 16, 2018), an insurance broker was found to be acting as… Read more »
The Minnesota Supreme Court recently struck down language purporting to apply to the indemnitee’s because the indemnity clause did not state so expressly. Put another way, broad, indemnity clauses – e.g. “from and against any and all liabilities” – does not require the indemnifying party to indemnify against claims for the other party’s own negligence…. Read more »
Minnesota Supreme Court determines what is “machines” under statute of limitations for improvements to Real Property and sets rule regarding manufacturer’s post-sale Duty to Warn. The Minnesota Supreme Court recently applied the exception in Minn. Stat. § 541.051 (1)(e) for “machinery installed upon real property,” and established the rule for a product manufacturer’s post-sale duty… Read more »
Effective May 11, 2017, Erickson Law Firm shareholder and attorney Matthew Johnson is now a qualified neutral under Rule 114 of the Minnesota General Rules of Practice. As part of his litigation practice, Mr. Johnson serves as mediator for parties who wish to mediate their legal disputes.
On December 12, 2013, Jose Luis Estrada-Martinez died from carbon monoxide poisoning while repairing a customer’s tire inside his truck on a winter evening. Estrada-Martinez was self-employed providing vehicle repair services for customers, which he often performed in the rear cargo bay of his truck. In Castillo v. American Standard Insurance Co., Case No. A16-1002,… Read more »
The Eighth Circuit Court of Appeals reached an important decision regarding insurance coverage for cyber thefts from banks. The key takeaways from the case, State Bank of Bellingham v. BancInsure, Inc., — F.3d —, No. 14-3432 (8th Cir. May 20, 2016), are: Failure by a bank’s employees to follow established security measures may negate coverage… Read more »
The Minnesota Supreme Court recently affirmed the dismissal of a borrower’s claims against his bank regarding an alleged agreement to change the due date of his balloon payment on an outstanding loan balance. In Figgins v. Wilcox, — N.W.2d —, A14-1358 (Minn. June, 1, 2016), a borrower brought suit against his bank, Grand Rapids State… Read more »
