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Tag Archives: Insurance Law
(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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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
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
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
Posted in ADCF Policy, CGL, Coverage
Tagged CGL Coverage, Commercial Liability Coverage, Construction Defect, Insurance Law
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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
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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