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O’Meara, Leer, Wagner & Kohl, P.A. Obtains Summary Judgment Dismissal of...

In June of 2008, Plaintiff allegedly was involved in a motor vehicle accident with a cow in a rural area of Minnesota.  Plaintiff asserted claims of negligence and violations of Minn. Stat. § 346.16,...

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Court of Appeals Rules UIM Payments Made Before a Verdict Constitute a...

In the recent case of Russell v. Haji-Ali, the Minnesota Court of Appeals held in a published opinion that receipt of UIM payments prior to verdict against the tortfeasor constitute a collateral source...

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In No Fault context, MN Court of Appeals holds that maybe there is a free lunch

On July 7, 2014, the Minnesota Court of Appeals in Schroeder v. Western National Mutual Insurance Company, held that no-fault replacement services can actually be recovered when the replacement...

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Minnesota Court of Appeals Determines Buses Operated by the Metropolitan...

In a 3–0 decision this week in State Farm Mut. Auto. Ins. Co. v. Metropolitan Council, the Minnesota Court of Appeals determined that buses operated for public transportation by the Metropolitan...

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Minnesota Supreme Court holds that heads of households do not need to replace...

On June 17, 2015, the Minnesota Supreme Court held in Schroeder v. W. Nat. Mut. Ins. Co., A13-2289, 2015 WL 3739535, that an injured person who provides care and maintenance of a home as a full-time...

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Minnesota Supreme Court Expands Availability of Excess Underinsured Motorist...

Following a school bus accident in February 2008 and a settlement with the insurers for the at-fault vehicle and school bus, an injured bus passenger sought excess UIM coverage under his family’s auto...

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Minnesota Supreme Court allows insureds to double dip and recover medical...

The Minnesota Supreme Court held this week in State Farm Mut. Auto. Ins. Co. v. Lennartson that the Minnesota No-Fault Act does not bar an insured from double dipping and recovering basic economic loss...

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Minnesota Court of Appeals holds that out-of-state insurers not licensed to...

In Founders Ins. Co. v. Yates, the Minnesota Court of Appeals recently held that an out-of-state insurer that is not licensed to write motor-vehicle insurance in Minnesota is not obligated to provide...

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Minnesota Supreme Court affirms the statute of limitations for UM claims,...

In Hegseth v. Am. Family Mut. Ins. Co., A14-1139, the Minnesota Supreme Court held that the statute of limitations for excess uninsured motorist (“UM”) benefits begins to run on the date of the...

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Minnesota Court of Appeals extends Swanson v. Brewster collateral-source...

Six years ago, the Minnesota Supreme Court held in Swanson v. Brewster, 784 N.W.2d 264 (Minn. 2010), that negotiated-discount amounts—amounts a plaintiff is billed by a medical provider but does not...

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Attorneys O’Meara, Thornsjo and Leer Named 2016 SuperLawyers; McSherry Named...

O’Meara, Leer, Wagner and Kohl is proud to announce that three of the Firm’s shareholders –Shamus P. O’Meara, Timothy J. Leer and Dale O. Thornsjo – have once again been recognized as “Super Lawyers”...

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MN Court of Appeals Holds that Failure to Sue Tortfeasor Precludes UIM Claim

In Ronning v. State Farm, A16-0538, the Minnesota Court of Appeals ruled in a published decision that insureds who fail to sue the tortfeasor may not bring a claim for underinsured motorist benefits...

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Out-of-State Insurers Responsible for Paying Minnesota No-Fault Benefits

For years, insurers who chose not to do business in Minnesota did not need to conform their polices to Minnesota’s No-Fault Act, even when their insureds and their insured vehicles were involved in...

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In Dram Shop Cases, Notice of Claim Provided to Liquor Seller’s Insurer Is...

In Buskey et al. v. American Legion Post #270, an unpublished decision, the Minnesota Court of Appeals affirmed its stance that dram shop action claimants must provide notice of claims to licensees...

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Pre-Treatment Assignments of No-Fault Benefits Prohibited by Auto Policy’s...

It has become more and more common for medical, diagnostic, and chiropractic providers to require patients to assign their interests in basic economic loss benefits under the No-Fault Act to the...

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Minnesota Court of Appeals Clarifies Application of Effective Date of January...

In an unpublished case decided April 17, 2017, the Minnesota Court of Appeals clarified that individuals entitled to no-fault economic-loss benefits after January 1, 2015 are entitled to the amended...

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As 2017 Comes to a Close, Minnesota’s Appellate Courts Continue to Grapple...

In 2017, the Minnesota Supreme Court has grappled with the issue of foreseeability in a variety of tort cases.  In particular, the supreme court has been asked in product- and premises-liability cases...

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Mens Rea of Unidentified Driver Irrelevant for “Hit-and-Run Motor Vehicle”...

In Minnesota, mandatory “uninsured motorist coverage” includes coverage for bodily injury caused by “hit-and-run motor vehicles.”  But until this past week, it wasn’t clear exactly what constitutes a...

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O’Meara, Leer, Wagner & Kohl, P.A. Obtains Summary Judgment Dismissal of...

In June of 2008, Plaintiff allegedly was involved in a motor vehicle accident with a cow in a rural area of Minnesota.  Plaintiff asserted claims of negligence and violations of Minn. Stat. § 346.16,...

View Article

Court of Appeals Rules UIM Payments Made Before a Verdict Constitute a...

In the recent case of Russell v. Haji-Ali, the Minnesota Court of Appeals held in a published opinion that receipt of UIM payments prior to verdict against the tortfeasor constitute a collateral source...

View Article
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