A recent decision by the Minnesota Court of Appeals impacts the submissions of medical expenses in no-fault claims. The Court held that Minnesota law bars a no-fault claim where the medical provider fails to submit the medical expenses to the no-fault insurer within 6...
The Court of Appeals of Minnesota in Howard v. Svoboda recently held that a treating physician may comment on issues related to the standard of care and causation during a Minn. Stat. § 595.02 informal conference; however, the Supreme Court of Minnesota vacated that...
The Supreme Court of Minnesota issued a decision on April 5 clarifying whether the "proceeds awarded" to an insured are capped by the insurance policy limit. The proceeds awarded are defined under Minn. Stat. § 604.18 (2016), which authorizes the award of "taxable...
The Court of Appeals issued an opinion that clarifies what constitutes a "prevailing party" for purposes of paying disbursements and whether the prevailing party is required to pay the opposing party's disbursements after service of the first offer of judgment or...
The Court of Appeals issued an opinion clarifying what no-fault economic loss benefits individuals are entitled to following an automobile accident. The question was whether an individual is entitled to $500 per week, as specified by the January 1, 2015 amendment, or...
Earlier today, the Minnesota Supreme Court issued a decision holding that an insured may recover no-fault benefits for medial expenses and wage loss even if those expenses were previously recovered in a tort action. State Farm v. Lennartson and Foss, No. A14-0132;...
Minnesota Supreme Court holds Rule 60.02 Motions to Vacate can revive cases dismissed under Rule 5.04 for failure to file within one year; District Courts have discretion under Rule 60.02 Yesterday, the MN Supreme Court issued a pair of decisions - Gams v. Houghton...
Plaintiffs Cannot Avoid Swanson v. Brewster Offset by "Buying the Lien" Yesterday afternoon, the Minnesota Supreme Court issued an order denying the plaintiff's petition for further review of the Court of Appeals' decision in Auers v. Progressive Insurance Co., 878...
Plaintiffs Cannot Avoid Swanson v. Brewster Offset by "Buying the Lien" Yesterday afternoon, the Minnesota Supreme Court issued an order denying the plaintiff's petition for further review of the Court of Appeals' decision in Auers v. Progressive Insurance Co., 878...
Earlier today, the Minnesota Court of Appeals issued its published decision in Auers v. Progressive Insurance Company (No. A15-1832) in favor of Progressive, holding (1) a subrogee that has negotiated a discount of medical expenses may not assert a subrogation right...
