Monthly Archives: June 2010

Negotiated Medical Payments are Collateral Sources says Minnesota Supreme Court


In Swanson v. Brewster, Ct. File AO8-8O6, a decision of the Minnesota Supreme Court released on June 29, 2010, the court held that negotiated-discount amounts—amounts a plaintiff is billed by a medical provider but does not pay because the plaintiff’s … Continue reading

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Lost Policies: Burdens of Proof


What happens when you cannot find an old liability insurance policy?  Here’s a few ground rules. It is well established that the burden of demonstrating liability coverage rests upon the insured.  See, e.g., Domtar, Inc. v. Niagara Fire Ins. Co., … Continue reading

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Pro-Rata Time on the Risk: An Insured’s Contribution Obligation


Wooddale Builders, Inc. v. Maryland Cas. Co., 722 N.W.2d 283 (Minn. 2006) is the leading construction defect case in Minnesota.  The case involved several insurers (I represented West Bend) and over eighty separate water intrusion claims.  In that case, the court recognized, … Continue reading

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Can a Self-Insured Retention (“SIR”) Constitute “Insurance”?


Can a self-insured retention (“SIR”) or large deductible under one policy constitute “insurance” within the meaning of another insurer’s “other insurance” clause? This situation typically arises in cases where the mutual insured (1) is a named insured under a liability … Continue reading

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Can a Claims Adjuster’s Conduct/Statements Bar an Insured’s Affirmative Defenses?


Can an insured be estopped to assert a statute of limitations defense based on the conduct or statements of a liability insurance claims adjuster?  Possibly. It has been held that a liability insurer can act as the insured’s agent when adjusting claims arising … Continue reading

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Minnesota Contractual Risk Transfer Materials (1/2009)


A contract is an agreement in which each party promises to do something for the other party.  Usually, one party agrees to provide goods or services while the other party agrees to pay for those goods or services.  Unfortunately, during … Continue reading

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No CGL Coverage Where General Contractor Leaves in the Middle of Project


In Builders Mutual v. R Design, 2010 WL 2079741 (D.S.C.), a federal district court in South Carolina found no coverage exists under a CGL policy, despite “resulting damage,” when the general contractor performed faulty work and left in the middle of the … Continue reading

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