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Tag Archives: CGL Coverage
(Part IV): Minnesota CGL: Getting a Handle on Large Construction Defect Claims
This post (Part IV) is a continuation of my multiple part series “Minnesota CGL: Getting a Handle on Large Construction Defect Claims.” (You may want to read the prior posts in this series to catch up). This post addresses the specific requirements … Continue reading
Minnesota CGL: Clean Up Costs Arising From Construction Operations Barred
In Engineering & Construction Innovations Inc. v. Western National Mutual Insurance Co., an unpublished decision of the Minnesota Court of Appeals released on August 18, 2010, the court held that clean up costs arising out of the insured’s operations at the … Continue reading
(Part III) Minnesota CGL: Getting a Handle on Large Construction Defect Claims
This post is a continuation of the series “Minnesota CGL: Getting a Handle on Large Construction Defect Claims.” This post (Part III) addresses the “strict construction” test used to interpret indemnification agreements. Part IV will address the specific requirements of “insured … Continue reading
(Part II) Minnesota CGL: Getting a Handle on Large Construction Defect Claims
This post is a continuation of the series “Minnesota CGL: Getting a Handle on Large Construction Defect Claims.” This post, as well as the next three, will focus on the subcontractor’s liability to a general contractor pursuant to an indemnity … Continue reading
Posted in CGL, Coverage
Tagged Additional Insured Coverage, Allocation, CGL Coverage, Commercial Liability Coverage, Construction Defect, Contractual Risk Transfer, Gregory J. Johnson, Holmes v. Watson Forsberg, Indemnity Clauses, Insurance Law, Insured Contract, Strict Construction, Wooddale
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Minnesota Coverage Law: Criminal Acts Exclusion
In Progressive Northern Ins. Co. v. McDonough, ___ F3rd____ (8th Cir. 2010) (applying Minnesota law), the Eighth Circuit Court of Appeals recently interpreted a criminal acts exclusion in an auto policy to bar coverage. After a night of drinking, Morelli … Continue reading
Minnesota Adopts “Equitable Contribution” to Apportion Defense Fees
Last week, the Minnesota Supreme Court overruled, finally, the archaic “Iowa National” rule. Iowa National prohibited a defending liability insurer from seeking contribution or reimbursement of attorney’s fees and costs from other liability insurers who refused to defend. In Iowa National Mutual Insurance Co. v. Universal … Continue reading
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
Posted in BAP, CGL, Coverage
Tagged CGL Coverage, Commercial Liability Coverage, Gregory J. Johnson, Insurance Law
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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
Posted in BAP, CGL, Coverage
Tagged CGL Coverage, Commercial Liability Coverage, Gregory J. Johnson, Insurance Law, Lost Policies
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