Insurance Defense Archives

New Ruling on Submission for Medical Expenses in No-Fault Claims

Cally Kjellberg Nelson 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 months from the date of service or the date the health care provider knew or was informed of the correct name and address of the no-fault insurer.  It came in a decision in the case of Western National Insurance Company v. Nguyen and pertains to Minn. Stat. § 62Q.75, subd. 3.

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 decision on procedural grounds.

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 after the second.

Defense Verdict: Minnesota Supreme Court Holds Defendant Must Pay Only Fair Share of Verdict

The Minnesota Supreme Court issued recently its decision in Staab v. Diocese of St. Cloud, holding that a defendant who is found to be 50% or less at fault cannot be ordered to pay more than its fair share of the total damages award.

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