NEWS

Sauro & Bergstrom win at the Minnesota Court of Appeals in the case of Engineering & Construction Innovations vs. Western National Insurance Company, successfully resurrecting the case after the trial court dismissed it on summary judgment.

In this insurance coverage case, the Minnesota Court of Appeals ruled that the insurer was required under Minn Stat § 72A201 (the Minnesota Fair Claims Practices Act) to disclose all available insurance policies and insurance coverage that the client had when a loss occurred The insurance company’s failure to disclose resulted in Engineering...

New Law Means Changes for Minnesota Construction Industry

Newly revised language of Minn Stat § 33705 means drastic changes for construction contracts  On May 24, 2013, Governor Dayton approved a legislative bill, SF 561, that significantly limits when one party to a construction contract can insure (and, therefore indemnify) another party The new law changes the language of Minn Stat  33705 and...

New Commercial General Liability Endorsements

ISO’s 2013 Commercial General Liability (CGL) filing makes significant revisions to dozens of endorsements as well as introduces six new CGL endorsements, at least two of which will impact the construction industry Endorsement CG 20 01-- Primary and Noncontributory – Other Insurance Condition: CG 20 01 is a new, optional endorsement that has...

Buyer Beware!

Buyers who unknowingly purchased a mold-filled house had their case dismissed against the sellers, inspection company and their agent when they had two pre-purchase inspections which they claimed they failed to read Click here to read the...

MN Supreme Court Says Amount of Loss Includes Determination of Cause and Cost to Repair

Today, the Minnesota Supreme Court held that where there is an insurance dispute over a storm-related loss,  “appraisers must necessarily determine the cause of the loss, as well as the amount necessary to repair the loss However, to the extent that determination goes beyond the scope of appraisal and interprets policy exclusions, that...

Friedberg, et al. v. Chubb & Son, Inc.

The Eighth Circuit weighed in Friday on the faulty construction exclusion and ensuing loss clause Finding that the overriding cause of the water intrusion was due to faulty construction and that the ensuing loss clause only applies to distinct, separate ensuing losses, the Court agreed with Chubb that the owner’s loss was excluded VIEW COURT...

A failure to be accurate on a proof of loss can have dire consequences!

Last week a jury in a federal court case in Minnesota found that the homeowners in a fire loss had overstated their proof of loss on contents State Farm was able to convince the jury that the owners could not possibly have purchased various items when they said they did based on financial records As a consequence the entire policy was declared...