The U.S. Department of Labor released its latest report on initial unemployment claims this week, and the news is mixed. While new jobless claims in Minnesota rose last week compared to the week prior, the state's unemployment rate remains low. According to the...
Insurance Defense
New Ruling on Submission for Medical Expenses in No-Fault Claims
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...
Treating Physician Comments During Informal Conference in Question
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...
Supreme Court Decision Caps “Proceeds Awarded” at Policy Limit
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...
Court Decision Helps Define “Prevailing Party” for Paying Disbursements
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...
No-Fault Economic Loss Benefits for Auto Accident Clarified
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...
Court Rules: Recover No-Fault Benefits for Damages Recovered in a Prior Negligence Action
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;...
Plaintiffs Can Seek Relief from Mandatory Dismissals After a Failure to File
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...
Minnesota Supreme Court Denies Review Case Against Progressive Insurance
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...
Minnesota Supreme Court Denies Review Case Against Progressive Insurance
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...