Ambiguous Reservation of Rights Letter Converts Duty To Defend Into Duty to Reimburse Defense Costs.
A Minnesota federal court recently held that an ambiguous reservation of rights letter created a conflict of interest requiring...
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...
Minnesota Federal Court: Non-Business Use Exclusion Precludes Coverage Under Excess Insurance Policy.
A Minnesota Federal Court recently held that a non-business use exclusion for a commercial umbrella policy applied to claims...
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...
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...
Minnesota Court Of Appeals Approves Double Recovery Of Benefits For Post-Trial No-Fault Claims.
In a recent published decision the Minnesota Court of Appeals held that a plaintiff may obtain double recovery of...
In Memoriam: Elton A. Kuderer (6/21/1929 – 11/20/2014)
We mourn the loss of our beloved friend, father, law partner, and colleague, Elton Kuderer. Mr. Kuderer’s esteemed active legal...
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...
Conservatorship Law Update: In Forma Pauperis Status Alone Requires Court To Determine Indigent Status For Attorney Fees.
In the recent case of In Re: Conservatorship of Catherine Chapman, A13-2290 (Minn. App. Oct. 14, 2014) (unpublished), the...
Minnesota Federal Court Clarifies Evidence Necessary To Maintain Indemnity Allocation Action.
U.S. District Court Judge Patrick Schlitz, recently issued an Order in a complex case clarifying the evidence necessary to...