News

On April 14, 2021, the Minnesota Supreme Court released King’s Cove Marina, LLC v. United Fire & Cas. Co., providing guidance on the Products Completed Operations Hazard (“PCOH”) limit and on Miller-Shugart allocation. In the underlying liability case, the insured, Lambert, entered a Miller-Shugart settlement agreement with the liability plaintiff, King’s Cove. Lambert stipulated to a $2 million dollar judgment being entered against it to be collected from Lambert’s insurer, United Fire. King’s Cove then brought a garnishment action against United Fire, alleging all of the claims in the liability case were for covered damages, and that the Miller-Shugart settlement agreement was enforceable.

ACKSP Brief provides regular communications from our attorneys to keep you connected and updated on current legal issues and decisions that impact your businesses and claims handling.

ACKSP Brief provides regular communications from our attorneys to keep you connected and updated on current legal issues and decisions that impact your businesses and claims handling.

ACKSP Brief provides regular communications from our attorneys to keep you connected and updated on current legal issues and decisions that impact your businesses and claims handling.

The Minnesota Supreme Court offered a reminder to employers in its February 3, 2021 decision, Hall v. City of Plainview: carefully draft your employee handbooks and follow your own policies. If the handbook contains ambiguous disclaimers and concrete compensation policies, it can be enforced against the employer as a unilateral contract.

Our attorneys are well-versed in handling and defending COVID-19 business interruption claims. Shayne Hamann, Steven Erffmeyer and Gregory Duncan are presently handling a case for IMT Insurance Company in the United States District Court – District of Minnesota. To date, they have obtained positive results for their client. Read more on the case here: https://bit.ly/3toiTQ6

Construction Law attorney, Jonathon Zentner, joined Acuity Insurance to share insights on avoiding legal issues in construction. Tune in to hear more from Jon and others in this webinar.

While 2020 was a year with more bad news than good, the Minnesota Court of Appeals offered something to celebrate when it released its decision in Else v. Auto-Owners Insurance Company in late-December. The Court’s decision, agreeing with Attorneys Tim Tobin and Marissa Linden of Arthur Chapman, holds that first-party insurance policy limits operate as a cap on pre-judgment (or pre-award) interest. While unreported, Else is a favorable outcome for insurers and is anticipated to have persuasive value in other first-party coverage matters as we head into the brighter days of 2021.

​Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is a team-oriented firm committed to providing our clients with superior legal services and we are seeking a highly motivated attorney to join our busy civil litigation practice. The ideal candidate will possess 1 to 4 years of practical experience of litigation. Candidates should have excellent research and writing skills, possess a strong attention to detail, be resourceful, and be genuinely interested in litigation work. Candidates with both Minnesota and Wisconsin licenses will take preference.

Congratulations to appellate attorneys Jeff Markowitz and Steve Warner for a stellar win at the North Dakota Supreme Court. A commercial landlord tried to collect a windfall of more than $2,000,000 from their client. Arthur Chapman trial attorneys Mike Ryan, Jonathon Zentner, Corey Bronczyk, and Bradley Idelkope secured summary judgment against the claim, and Jeff and Steve defended the win on appeal. Great team effort.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. has announced the election of Jeffrey M. Markowitz as shareholder at the firm.

Attorney, Sally Ferguson, was recognized at the ABOTA meeting last week for her contributions as 2020 President of the Minnesota ABOTA Chapter. She was recognized for her leadership and guidance through a difficult year as well as for her resourcefulness, ingenuity, and embodying stability and professionalism. Congratulations, Sally!

The Executive Order also brings new regulations for the construction industry. COVID-19 Construction under Executive Order 20-99 explains the new requirements as follows:

On Thursday, November 19 at 12 p.m. Central time, attorneys from our Wisconsin team will share an update on recent case law and trends they are seeing in Wisconsin. If you’re a claims professional and interested in joining Lee Miller, Gregory Duncan, Allison Krueger, and James Ranheim on this one-hour webinar, email info@arthurchapman.com for a link to register.

A primer on changes wrought in the wake of Justice David Lillehaug’s 2016 article on unpublished appellate decisions.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorney Amber N. Garry. Amber focuses her practice on representing and counseling healthcare providers in claims of malpractice, in their dealings with professional licensing boards, and in responding to regulatory investigations. She has experience counseling health systems and healthcare professionals in risk management and compliance matters. Clients appreciate Amber’s responsiveness, attention to detail, compassion, and creative solutions.

The American Arbitration Association will be moving to a new location as of September 14, 2020. Therefore, future denial of No-Fault benefits letters sent on and after September 14, 2020 must include the new address. Here is sample language for your denial letters with the required information pertaining to the American Arbitration Association office, and contact information for filing Minnesota No-Fault Arbitration.

The Minnesota Supreme Court issued a ruling addressing the significance of a potential intervenor’s decision not to intervene when it received adequate and timely notice of its right to intervene in an employee’s pending proceeding. In Koehnen v. Flagship Marine Company, File No. A20-0053 (August 12, 2020), the Minnesota Supreme Court confirmed that pursuant to Minn. Stat. §§ 176.271, 176.291 and Minn. R. 1420.1850, subp. 3B, when a potential intervenor receives adequate and timely notice of its right to intervene but chooses not to intervene in an employee’s pending proceeding, it can be extinguished by the award on stipulation for settlement and cannot subsequently dispute the award.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is proud to share that Steven J. Erffmeyer has been named to the Minnesota Defense Lawyers Association Board of Directors.