Theodore J. Smetak Minneapolis, Minnesota
| Senior Shareholder Co-Chair, Insurance Coverage Practice Group | |
| phone | (866) 435-5752 |
| fax | (612) 339-7655 |
| Email Me | |
Ted has been practicing in the area of insurance law for over 30 years. In that time, he has developed a solid reputation as the authoritative figure regarding all issues related to insurance coverage. Ted's knowledge and experience encompasses an awareness of every aspect of insurance law and surpasses typical expectations of an attorney. Like many, he covers the foundational elements of insurance coverage, including claims handling and representation of insurance companies and self-insured entities in disputes, but Ted is also uniquely qualified to write and develop insurance policies. In addition, he has that rare and special ability, as well as interest, in training and teaching claim representatives and insurance companies about the intricacies and complicating factors involved with insurance law when commencing or conducting an operation in Minnesota.
Ted is a meticulous woodworking craftsman who brings his conscientious, creative, and capable talents to the practice of insurance law. Ted's fastidious attention to detail and his desire to learn all that he can about his craft, whether applied to the creation of a scratch built sea kayak, the development of an insurance policy, or an innovative resolution for a dispute, has earned him a reputation throughout the nation as an authority on insurance law in Minnesota.
Ted acts as a consultant to insurance companies in many capacities, including occasionally sitting on their board of directors. Self-insured entities also request Ted's assistance in developing their programs and representing them. For these self-insureds, the challenge often involves the need to teach or explain Minnesota law, which usually substitutes for more extensive policy language. Over the years, bad faith has been a logical extension of his insurance practice as well.
Ted has taught insurance law in law schools and has taught an even wider range of insurance practice and litigation subjects for virtually every legal and professional continuing education institution in the state. He is the author/co-author of seven insurance law books, including Minnesota Motor Vehicle Manual, the primary authority of motor vehicle insurance laws in Minnesota. Ted is also frequently called upon to act as a mediator and arbitrator in insurance disputes, chosen by both opposing parties due to his extensive knowledge of and competency in the practice of insurance law.
- Certification/Specialties:
- Neutral Panels, Arbitration and Mediation, Minnesota Alternative Resolution Review Board
- Bar Admissions:
- Minnesota, 1975
- Wisconsin, 1985
- U.S. District Court District of Minnesota, 1975
- U.S. District Court Western District of Wisconsin, 1986
- Education:
- University of Minnesota Law School, Minneapolis, Minnesota,
1975
J.D.
Honors: Cum Laude - St Cloud State University, Saint Cloud, Minnesota,
1970
B.A.
- Published Works:
- Miller-Shugart/Drake v. Ryan Settlement Devices, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., 2001 (2007 Update)
- Minnesota's Rules for Determining the Obligation of Multiple CGL Insurers for Construction Defect Claims, (Contributing Author), Arthur, Chapman, Kettering, Smetak & Pikala, P.A., October, 2006
- "The Wooddale Formula: Allocating Indemnity and Defense Costs for Construction Defect Claims - Wooddale Builders v. Maryland Casualty, et al.", Insurance Coverage and Construction Law Bulletin, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., October, 2006
- "The Application of Commercial General Liability Policy to Intellectual Property Claims", (Contributing Author), Intellectual Property Law Reference Guide, Third Edition, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., May, 2006
- "CGL Coverage for Property Damage Claims: Minnesota's Treatment of Business Risk Exclusions", (Contributing Author), Construction Law and Litigation Desk Book, Arthur, Chapman, Kettering, Smetak & Pikala, P.A, 2006
- "Special Transportation Service Providers - When A Non-Bus IS a "Bus" For Purpose of No-Fault Priority", (Co-author), Automobile Law Update, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., January, 2004
- "Why Not Implement a No-Fault "Death Benefits" Application?", (Co-author), Automobile Law Update, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., January, 2004
- "Bright Wood: Has the Sister Ship Come In for CGL Insurers?", Insurance Coverage Update, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., November, 2003
- "Who's On First? Determining Primary or Excess Coverage in MN Motor Carrier Leasing Scenarios", (Co-author), Insurance Coverage Update, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., November, 2003
- "Local Lawyers Develop New No-Fault Benefit Form", Minnesota Claims Magazine, September-October, 2003
- "The Right to Conceal and Carry - When Personal Protection and Motoring Risk Collide", Automobile Law Update, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., August, 2003
- "CGL Coverage For Property Damage Claims: Minnesota's Treatment of Business Risk Exclusions", (Contributing Author), Construction Defect Claims in Minnesota: Coverage & Defense Deskbook, Arthur, Chapman, Kettering, Smetak & Pikala, P.A, 2003
- A Guide to the Settling and Releasing of Claims in Minnesota, (Co-author), Arthur, Chapman, Kettering, Smetak & Pikala, P.A., 2001
- The Minnesota Motor Vehicle Insurance Manual, Third Edition, Minnesota Defense Lawyers Association, 2000
- Principles and Projections: Recognizing and Reducing the Risks for Minnesota Rental Vehicle Owners, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., 2000
- Hey Titanic Mutual: Here Comes the Iceberg, Ready or Not! Issues for Insurers: Failure to Notify of the Right to Elect Stacking, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., 1999
- Underinsured Motorist Coverage in Minnesota: Old Precedents in a New Era, William Mitchell Law Review, Vol. 24, No. 4, 1998
- The Minnesota Auto Insurance System, Minnesota Insurance Federation, 1997
- Representative Cases:
- George v. Evenson, 2007 WL 4303518 (Minn. App., December 11, 2007)
- Turner v. Mutual Service Cas. Ins. Co., 663 N.W.2d 36 (Minn. App. 2003)
- Newberg v. Commercial Union Ins. Co., 619 N.W.2d 757 (Minn. App. 2000)
- Becker v. State Farm Mut. Auto. Ins. Co., 611 N.W.2d 7 (Minn. App. 2000)
- Illinois Farmers Ins. Co. v. Eull, 594 N.W.2d 559 (Minn. App. 1999)
- Norton v. Tri-State Ins. Co. of Minnesota, 590 N.W.2d 649 (Minn. App. 1999)
- Grinnell Mut. Reinsurance Co. v. Bunne, 1998 WL 297510 (Minn. App. 1998)
- Johnson v. Western Nat. Mut. Ins. Co., 540 N.W.2d 78 (Minn App. 1995)
- Opay v. Metropolitan Property and Cas. Ins. Co., 1995 WL 407437 (Minn. App. 1995)
- Northland Ins. Co. v. Bennett, 533 N.W.2d 867 (Minn. App. 1995)
- Murray v. Beuning, 1995 WL 352877 (Minn. App. 1995)
- Jensen v. United Fire and Cas. Co., 524 N.W.2d 536 (Minn. App. 1994)
- Richards v. Milwaukee Ins. Co., 505 N.W.2d 97 (Minn. App. 1993; Reversed 518 N.W.2d 26, Minn. 1994 )
- Crapson v. Home Ins. Co., 495 N.W.2d 457 (Minn. App. 1993)
- State Farm Fire & Cas. Co. v. Strope, 481 N.W.2d, 853 (Minn. App. 1992)
- Meister v. Western Nat. Mut. Ins. Co., 465 N.W.2d 428 (Minn. App. 1991; Affirmed 479 N.W.2d 372, Minn. 1992 )
- U.S. Fire Ins. Co. v. Fireman's Fund Ins. Co., 461 N.W.2d 230 (Minn. App. 1990)
- Mikulay v. Home Indem. Co., 449 N.W.2d 464 (Minn. App. 1989)
- Weber v. Sentry Ins., 442 N.W.2d 164 (Minn. App. 1989)
- Continental Western Ins. Co. v. Klug, 394 N.W.2d 872 (Minn. App. 1986; Reversed 415 N.W.2d 876, Minn. 1987 )
- Curtis v. Home Ins. Co., 392 N.W.2d 44 (Minn. App. 1986)
- Derhaag v. Continental Western Ins. Co., 370 N.W.2d 467 (Minn. App. 1985)
- Rusthoven v. Commercial Standard Ins. Co., 363 N.W.2d 496 (Minn. App. 1985; Reversed 387 N.W.2d 642, Minn. 1986 )
- Doerner v. State Farm Mut. Auto. Ins. Co., 337 N.W.2d 394 (Minn. App. 1983)
- Classes/Seminars Taught:
- William Mitchell College of Law, Former Adjunct Professor of Automobile Insurance Law
- Minnesota Motor Vehicle Insurance Institute, "Introduction: A Brief History of Time in the Minnesota Motor System," and "Rental Car, Loaners, and Garage Liability Claims", Minnesota Defense Lawyers Association, June 17, 2004
- 2004 Minnesota Construction Defect Claims Seminar, "CGL Coverage for Property Damage Claims", Arthur, Chapman, Kettering, Smetak & Piklala, P.A., March 4, 2004
- Minnesota Law and Litigation, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., August 17, 2006
- Uninsured, Underinsured and No-Fault Insurance Update, Minnesota State Bar Association, January 18, 2005
- 2004 Automobile Law Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., July 28, 2004
- Guide to the Settling and Releasing of Claims in Minnesota, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., 2002, 2004
- Motor Vehicle Accident Law and Comparative Fault, U.S. Attorney's Office and Hennepin County Attorney's Office, January 23, 2004
- 2003 Intellectual Property and Business Disputes Seminar for Insurance Coverage, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., March 14, 2003
- Professional Associations and Memberships:
- Minnesota Defense Lawyers Association
- Past President and Board Member
- Minnesota State Bar Association
- Member
- Hennepin County Bar Association
- Member
- Wisconsin State Bar Association
- Member
- Defense Research Institute
- Member
- Minnesota Defense Lawyers Association
- Board of Directors
- American Arbitration Association of Panel Arbitrators
- Minnesota Supreme Court Committee for Supervision of Arbitration under the Minnesota No-Fault Act
- Former Member
- Creative Dispute Resolution, Inc.
- Founding Member and First President