State environmental agencies continue to discover long-hidden contamination caused by companies around the country. Contamination may turn up after dredging activities, groundwater sampling or construction of new buildings on redeveloped sites. When these discoveries are made, state environmental agencies search for the source of pollution. In recent years, that research has led government agencies to
It is Not Hearsay if You Said It: Broker and Agent Statements are Representations of the Insurer in Minnesota
Introduction
Recent legislation and Minnesota court decisions have changed how courts treat statements by insurance brokers and agents. Historically, to determine if a policyholder or insurer was responsible for the statements and actions of the insurance brokers or agent you had to look to the principles of legal authority. The possession of authority, whether actual
Policy Renewals Create Increased Risk in a Hardening Market
COVID-19 and the recent political unrest have come with implications that are either direct or consequential to the insurance market. Many businesses looking to renew long-standing commercial insurance policies are finding either increased premiums or a refusal of certain excess carriers to extend the same policy limits. This has caused many businesses to either shop
Was Your Business’s Property Damaged during the Civil Unrest? Ten Things You Can Do if Your Property Has Been Damaged.
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Notify Your Insurer.
Typically, property insurance policies require notice of a claim as soon as practicable. Notice requires a description of when, where and what happened to result in a claim. If you have a loss, put your insurer on notice immediately.
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File a Police Report.
Make sure to file a police report. Many policies
Why Covid-19 Losses May Well Be Covered under Your Business Interruption Insurance Policies
COVID-19 and the stay at home mandates have had a devastating impact on the business community. Many business owners are looking to their business interruption and other insurance to cover the losses but finding insurers are asserting various coverage issues and exclusions. Paul Smith and Chris Yetka shine a light on what to look for
Bisnow Town Hall: Insurance and Liability Implications of the COVID-19 Pandemic
On Thursday, May 14, 2020, I had the pleasure of moderating a panel with Tim Worke, CEO of Associated General Contractors of Minnesota, and Jason Wilsey, a Vice President and Shareholder at CSDZ, an insurance agent and broker focusing on construction clients. The panel addressed liability and insurance stemming from the COVID-19 Pandemic.
Tim discussed
COVID-19, Business and Insurance: Three Things You Should Do Now to Protect Your Business
The Novel Coronavirus and related COVID-19 pandemic has had an unprecedented effect on businesses across the country. Even “essential” businesses like construction have seen their businesses turned on their heads. These types of unpredictable events are the very reason that businesses carry insurance. What can your business do now to make sure that they maximize
First Insurance Bad Faith Award in Minnesota Federal District Court
The first award of bad faith damages in Minnesota’s Federal District Court after an evidentiary hearing was entered on Tuesday. There have been a number of awards in state court since the statute was enacted, but this is the first ruling of its kind in Federal Court. On April 21, 2020, Judge Schiltz issued an
Insurance and COVID-19: Are We Covered?
For a period of time now businesses have seen the effects of COVID-19 on supply lines and suppliers. But now that the virus has been officially labeled a pandemic, and businesses are being asked to shut their doors to effectuate social distancing, will insurance be the last bulwark against financial harm? The answer, as always,
You Have Been Sued. You Are Insured. Who Gets to Choose Your Lawyer?
When an insured business is faced with litigation, sometimes the question of who gets to select defense counsel arises. Third-party liability policies often state that the insurer has both the duty and right to defend the policyholder. Most courts interpret these policies to give the insurer the right to select defense counsel. However, the right