Latest News
Erickson, Zierke, Kuderer & Madsen, P.A. Welcomes Paul Hopewell to the Team!
We are thrilled to announce that Paul Hopewell has joined Erickson, Zierke, Kuderer & Madsen, P.A., as a Shareholder...
EZKM Wins Minnesota Court of Appeals Decision Regarding Wrongful Death Claim Against Co-Employee
The Erickson Law Firm successfully argued that a wrongful death claim against a co-employee cannot be brought when the...
Minnesota Supreme Court Recognizes Common Law Claim for Negligent Selection of Independent Contractor
The Minnesota Supreme Court, in Alonzo v. Menholt, ___ N.W.3d ___ (Minn. 2024), recently held the tort of negligent...
The Erickson Law Firm Congratulates Our 2024 Minnesota Super Lawyers and Rising Star
Bob Kuderer and Matt Johnson were once again selected as Super Lawyers®, which is a rating service of outstanding...
Erickson Law Firm Celebrates 95 Years
https://www.keyc.com/video/2024/05/15/fairmont-law-firm-celebrates-95-years/
Eighth Circuit Finds Fact Issue on Expected Injury Involving Clergy Abuse
In TIG Ins. Co. v. Missionary Oblates of Mary Immaculate, No. 20-cv-2261, the United States District Court recently held...
Minnesota Supreme Court holds clause in will leaving half of decedent’s estate to “wife’s heirs” did not apply to parents of the decedent’s ex-wife
The Minnesota Supreme Court recently ruled a clause purporting to leave one half of a husband’s estate to his...
The Erickson Law Firm Congratulates Our 2023 Minnesota Super Lawyers and Rising Star
Bob Kuderer and Matt Johnson were once again selected as Super Lawyers®, which is a rating service of outstanding...
Minnesota Supreme Court Holds Exculpatory Clause Unenforceable
The Minnesota Supreme Court recently found an exculpatory clause in a recreational liability waiver unenforceable. In 2007, a seven-year-old...
Minnesota Supreme Court Rules on Unjust Enrichment Measure of Damages
Herlache and Rucks began a romantic relationship around February 2012. At the time, Rucks owned a home in Sunfish...
Minnesota Supreme Court Holds Resident-Relative Exclusions are Enforceable
The Minnesota Supreme Court recently held “resident-relative” exclusions in insurance policies are not void due to public policy. In 2014,...
Written Notice of Claim by a Third-Party is Sufficient to Start Accrual of Pre-Award Interest Under Minn.Stat. §549.09
In Shardlow Townhomes Ass'n v. Midwest Family Mut. Ins. Co., 567 N.W.2d 767 (Minn. Ct. App. 2023), the Minnesota...
Policy Language Precludes Pre-Award Interest
The Minnesota Supreme Court recently ruled that policy language precluded pre-award interest in a first party property damage claim....
Matt Johnson Obtains Complete Defense Verdict in Hennepin County Jury Trial
Matt Johnson recently obtained a complete defense verdict in a case involving a rear end collision and a plaintiff...
The Minnesota Supreme Court Rules Miller-Shugart Agreements Need Not Necessarily Allocate Between Covered and Uncovered Claims
In King’s Cove Marina, LLV v. United Fire & Cas. Co., A19-0078 (Minn. April 14, 2021), the Minnesota Supreme...
Firm Wins Minnesota Supreme Court Decision in Improvement to Real Property Case
Bob Kuderer, with the assistance of Tom Brock and Madeline Davis, successfully argued the 2-year statute of limitations in...
Summary Judgment Granted in Open and Obvious Hazard Case
Greg Kuderer, with the assistance of Tom Brock and Madeline Davis, represented a private property owner in a premises...
Minnesota Supreme Court Decision Affirms Expansion of What Constitutes Insurer Bad Faith in Underinsured Motorist Actions.
The Minnesota Supreme Court affirmed the Minnesota Court of Appeals decision in Peterson v. Western National Mutual Insurance, A18-1081...
The Minnesota Supreme Court Overturns Common Law Prohibition Against Champertous Agreements
In Maslowski v. Prospect Funding Partners, et. al, A18-1906 (Minn. June 3, 2020), the Minnesota Supreme Court abolished the...
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
In Fish v. Ramler Trucking Inc., 2019 WL 272865 (Minn. Ct. App. Jan. 22, 2019), the Minnesota Court of...
Minnesota Supreme Court Refuses to Extend Doctrine of Implied Primary Assumption of Risk in Two Separate Cases
The Minnesota Supreme Court, in Soderberg v. Anderson, 922 N.W.2d 200 (Minn. 2019) and in Henson v. Uptown Drink,...
Congratulations to Tom Brock
The Erickson Law Firm is pleased to announce that Tom Brock has joined us as a Shareholder effective today,...
Court of Appeals Rules Insurance Brokers ARE Agents of Insurance Companies
The rules of evidence allow out-of-court statements made by either party or agents of either party to be admissible...
Is Broad Indemnity Dead in Minnesota? When “Any and All” Doesn’t Mean Any and All: Idemnity Clause Does Not Apply to Own Negligence Unless Expressly Stated.
The Minnesota Supreme Court recently struck down language purporting to apply to the indemnitee’s because the indemnity clause did...
Minnesota Supreme Court Defines “Machines” under Statute of Repose and Sets Rule Regarding Manufacturer’s Post-Sale Duty to Warn
Minnesota Supreme Court determines what is “machines” under statute of limitations for improvements to Real Property and sets rule...
ALTERNATIVE DISPUTE RESOLUTION/MEDIATION
Effective May 11, 2017, Erickson Law Firm shareholder and attorney Matthew Johnson is now a qualified neutral under Rule...
NO-FAULT STATUTORY BUSINESS PREMISES EXCLUSION APPLIED TO MOBILE BUSINESS
On December 12, 2013, Jose Luis Estrada-Martinez died from carbon monoxide poisoning while repairing a customer’s tire inside his...
Insurance Coverage: Eighth Circuit finds Bank is entitled to Bond Coverage for Cyber Theft of $485,000 despite Employees Failure to Follow Security Procedures.
The Eighth Circuit Court of Appeals reached an important decision regarding insurance coverage for cyber thefts from banks. The...
Consumer Law: Minnesota Supreme Court Rejects Claims Based on Oral Agreement to Modify Loan
The Minnesota Supreme Court recently affirmed the dismissal of a borrower’s claims against his bank regarding an alleged agreement...
Insurance Coverage: Minnesota Federal Court Applies a Two-Year Suit-Limitations Clause to Bar Coverage Claim.
A federal court applying Minnesota law, recently dismissed a coverage suit based on the insured’s failure to comply with...
Insurance Coverage: Eighth Circuit Holds Miller-Shugart Agreement after Drake-Ryan Settlement Violates Umbrella Policy’s Cooperation Clause.
The Eighth Circuit Court of Appeals, applying Minnesota law, recently held that entering a Miller-Shugart agreement after entering a...
Insurance Coverage & Data Privacy: Fourth Circuit finds duty to defend; posting of patient medical information is a “publication” under a CGL policy.
The Fourth Circuit Court of Appeals recently held that posting of confidential patient information constitutes “publication” under a standard...
No-Fault Act Update: Court of Appeals Upholds Anti-Assignment Clause
The Minnesota Court of Appeals recently held that a patient’s assignment of a no-fault insurance claim to a medical...
Business Litigation: Eighth Circuit Affirms Verdict for Tortious Interference with Employment Contract.
Applying Minnesota law, the Eighth Circuit Court of Appeals recently affirmed a verdict in favor of St. Jude Medical...
Insurance Coverage: Eighth Circuit Court of Appeals Rejects Reasonable Expectations Argument, Applies Criminal Acts Exclusion.
Applying Minnesota law, the Eighth Circuit Court of Appeals has rejected an attempt to circumvent a “criminal acts” exclusion...
Injured Passenger in Uninsured Vehicle Not Entitled To No-Fault Benefits Under Assigned Claims Plan.
The Minnesota Court of Appeals has ruled that an injured passenger in an uninsured motor vehicle could not seek...
Minnesota Statute of Limitations for Excess Uninsured Motorist (UM) Coverage starts on the Date of the Accident.
The Minnesota Supreme Court recently held that a claim for excess UM coverage under the Minnesota No-Fault Act accrues...
Minnesota Civil Procedure Update: Court of Appeals Reverses Dismissal for Failure to File Within One Year of Commencing Suit.
The Minnesota Court of Appeals recently held that a plaintiff whose complaint was dismissed under Minn. R. Civ. P....
Marine Coverage: Insurer Must Prove Reliance To Void a Marine Policy for Breach Duty to Disclose.
While parties to an insurance contract owe each other the highest degree of good faith, an insurer must show...
Personal Injury and Uninsured Motorist Benefits: Court holds that “Coverage Available” For Excess UIM Coverage Equals the Difference Between the UIM Benefits Paid to the Insured from the Occupied Vehicle and the Excess UIM Policy’s Limit.
The Minnesota Supreme Court recently held that the term “coverage available” for excess UIM coverage refers to benefits paid...
Insurance Coverage: No Coverage Under Claims-Made Policy Where Insured Had Pre-Policy Notice Of Claim.
Applying Minnesota law, the Eighth Circuit Court of Appeals has ruled an insured was not entitled to coverage under...
Robert Kuderer Named Super Lawyer
Congratulations to Robert Kuderer from the Erickson Law Firm who was once again selected by his peers as a...
CONSUMER LAW: Purpose of Call, Not Its Content, Is Determinative of TCPA Violation.
The Eighth Circuit Court of Appeals recently resuscitated a putative class action for violations of the Telephone Consumer Protection...
No Replacement? No Problem! Minnesota Supreme Court Holds That No-Fault Claimant Can Recover The Value of Services Not Replaced.
The Minnesota Supreme Court recently held that Minnesota’s No-Fault Automobile Insurance Act allows an injured person who provides care...
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...
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...
Matt Johnson Presents at Minnesota CLE Regarding Issues Related to Alcohol in Motor Vehicle Accident Cases.
On May 13, 2015, Matt Johnson from the Erickson Law Firm presented a Minnesota CLE’s Annual Seminar regarding Motor...
The Verdict Is In: Bob Kuderer And Tom Brock Post Trial Victory In Hit-And-Run Wrongful Death Case.
Bob and Tom represented an auto insurer in a hit-and-run, “pedestrian v. motor vehicle” wrongful death case. The decedent...
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...
Minnesota Court of Appeals Reverses Seven-figure Award to Subcontractor on Construction Site.
The Minnesota Court of Appeals has reversed a $5 million award in favor of an independent contractor who performed...
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...
The Verdict is in: Bob Kuderer and Tom Brock Post Trial Victory in Child Traumatic Brain Injury Case.
Bob and Tom represented the driver in a “bicycle-versus-truck” accident in St. Cloud. Plaintiff claimed our client negligently failed...
No-Fault Update: Public Buses Are “Motor Vehicles” Under The No-Fault Act And Are Required To Provide No-Fault Benefits To Uninsured Injured Passengers.
In State Farm Mut. Auto. Ins. Co. v. Metropolitan Council, Minnesota Court of Appeals held that buses operated by...
Case Update: Minnesota Supreme Court Holds Severally Liable Defendants Who Are 50% Or Less At Fault Pay Only Their Fair Share.
The Minnesota Supreme Court recently issued its long-awaited “Staab II” decision, holding a defendant who is severally, but not...
Clearing The Murky Waters Of Equitable Contribution: Insured Can’t Recover Unpaid Defense Costs From Its Insurers On Equitable Contribution Grounds.
A Minnesota federal court recently held the insured’s equitable contribution obligation to a co-insurer cannot be reduced by unpaid...
Eighth Circuit Holds “Leakage” Is Not “Seepage” And Grants Coverage Under Homeowners’ Policy.
The Eighth Circuit Court of Appeals, applying Minnesota law, recently held “leakage” is not “seepage” and found a homeowner...
Minnesota Supreme Court Rejects Twombly & Iqbal “Plausibility Standard”.
The Minnesota Supreme Court recently ruled the more stringent federal standard for pleadings does not apply to civil cases...
Minnesota Federal Court: Business “Project” Endorsement And “Mere Situs” Doctrine Exclude Coverage For Gunshot Injury.
A Minnesota federal court recently held a project-location endorsement precluded coverage under a business risk policy. In Capitol Indemnity...
Court Rules Last Physical Exposure To Benzene Starts The Statute of Limitations For Wrongful Death Claim
Minnesota’s six-year “act or omission” statute of limitation for wrongful-death claims begins to run with the decedent’s last physical...
No-Fault Update: Replacement Services Now Compensable Even If They’re Not Replaced.
The Minnesota Court of Appeals recently ruled that under the Minnesota No-Fault Act, an injured insured who has primary...
Insurer Can Recover Indemnity And Defense Costs From Excess Insurer In “Indivisible Injury” Settlement.
A Minnesota federal court recently granted equitable contribution to an excess insurer against a primary insurer for amounts paid...
Insurer Liable For Contaminated Food Product Is “Occurrence” Under General Liability Policy
In Netherlands Ins. Co. v. Main Street Ingredients, LLC, -- F.3d --, 13-1316, 2014 WL 1012793 (8th Cir. Mar....
Fidelity Bond Pays Third-Party Verdict In Fee-Advance Scam.
A Minnesota federal court recently ruled a fidelity bond responsible to pay damages to a third-party where an employee...
Bob Kuderer Wins Summary Judgment Victory in Trespass and Nuisance Case.
Bob represented the owners of a golf course in a surface water and subsurface water intrusion case. The plaintiff...
Bob Kuderer and Tom Brock Post Summary Judgment Victory in a Slip-and-Fall Case.
Bob and Tom represented an in-store vendor in a premises liability matter arising from a “slip and fall” at...
Eighth Circuit Holds Multiple Wrongful Acts To Multiple Plaintiffs Are One “Claim” Under Professional Liability Policy
The Eighth Circuit Court of Appeals, applying Minnesota law, recently held multiple wrongful acts to several plaintiffs were subject...
Open And Obvious Isn’t Enough: Anticipated Risk Doctrine Applied In Premises Liability Case.
A Minnesota appellate court recently applied the anticipated risk doctrine to find an issue of material fact precluded summary...
Eight Circuit: No-Fault Advertising Restrictions On Chiropractor “Referral” Services Are Constitutional.
The Eight Circuit Court of Appeals recently upheld amendments to Minnesota’s No Fault Act that limited advertisements of healthcare...
“Family-Auto Exclusion” Bars UM Coverage Where Plaintiff Was A Resident Relative Of The Uninsured Tortfeasor And Policyholder.
A Minnesota federal court recently applied a family-auto exclusion to bar a resident relative of the policyholder’s claim for...
Matt Johnson Presents One-Hour Webinar on Joint & Several Liability
On January 28, 2014, Matt Johnson from the Erickson Law Firm presented a one-hour webinar for Minnesota CLE entitled...
Matt Johnson Successfully Defends Liquor Store Charged With Illegal Sale.
Matt Johnson recently defended a suburban liquor store accused of selling beer to an obviously intoxicated customer. The customer...