News

Minnesota Statute § 60A.41(a) prohibits an insurance company from “proceed[ing] against its insured in a subrogation action where the loss was caused by the nonintentional act of the insured.” (Emphasis added.)

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorneys Jack M. McFarland and John C. Wittmer and paralegal Katherine R. Holm.

Congratulations to Arthur Chapman’s 2018 Super Lawyers® and Rising Stars®

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorneys Kari M. Dahlin and Anthony A. Remick. Kari practices employment law and commercial litigation. She also defends corporations and non-profits on a variety of matters, including business torts, statutory-based discrimination and public accommodation claims. Kari earned her JD from the University of Minnesota Law School in 2001 and BA from the University of Minnesota in 1998. Anthony has joined the firm as a FELA/railroad litigation associate and has experience handling a variety of insurance and general litigation. He graduated from the University of Minnesota Law School in 2016 and earned his B.A. in 2013 from the University of Minnesota.

Robert W. Kettering, Jr., 69, died on April 22, 2018. Bob was a consummate lawyer, endearing father, and caring husband. Bob was diagnosed with early onset Alzheimer’s disease several years ago, which forced him to leave the law practice that he dearly loved in 2011.

Attorney Emily A. Atkinson and paralegal Kristen R. Schwartz have joined Arthur, Chapman, Kettering, Smetak & Pikala, P.A.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. has announced the election of Juan M. Avila, Gregory J. Duncan and Steven J. Erffmeyer as shareholders.

Small-town values and big-city litigation have helped fashion the philosophy of TCCA president Shayne Hamann.

Minneapolis, MN – Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorney Stephanie K. Smodish. Stephanie represents a wide array of clients in the construction industry, including developers, construction managers, general contractors, architects, engineers, and subcontractors. She litigates cases involving construction defects and delays, as well as counsels clients on risk management, loss transfers, and internal governance issues.

Arthur Chapman Congratulates its 2017 Super Lawyers® and Rising Stars®

The Wisconsin Supreme Court has determined that employers and insurers are not responsible for disability benefits resulting from undertaking medical treatment that is not causally related to a work injury.

In Hohlt v. University of Minnesota, filed on June 28, 2017, the Minnesota Supreme Court has limited the scope of its prior decision in Dykhoff v. Xcel Energy, 840 N.W.2d 821 (Minn. 2013). The Hohlt decision will immediately impact how cases are analyzed with regard to the “arising out of” and “in the course of” compensability determinations, and may very well impact cases that are currently in litigation.

In a decision issued by the Minnesota Supreme Court on May 3, 2017, the Court significantly raised the level of importance of the contents of a Rehabilitation Plan prepared as part of a workers’ compensation matter. In Gilbertson v. Williams Dingmann, LLC, File No. A16-0895 (May 3, 2017), the Minnesota Supreme Court ruled that an employer and insurer cannot discontinue temporary total disability (“TTD”) benefits when the employee rejected a job offer from the date-of-injury employer because the Rehabilitation Plan identified the vocational goal as return to work to a “different employer.”

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorney Beth A. Jenson Prouty.

On April 5, 2017, the Minnesota Supreme Court issued Wilbur v. State Farm Mut. Auto. Ins. Co., applying "proceeds awarded" for purposes of Minnesota's first-party bad faith statute to unambiguously mean the judgment amount entered by the district court on the claim for benefits, an amount which is capped by the insurance policy’s limit.

Does Minn. Stat. § 227.271 Create a Private Right of Action for Violations of Federal Motor Carrier Safety Regulations and their Minnesota Analogues? by Jeffrey J. Woltjen and James F. Mewborn Minnesota Chapter 221 regulates both interstate and intrastate motor carriers operating in Minnesota. The statutes largely adopt the federal motor carrier legislation, known as the Federal Motor Safety Carrier Regulations (“FMCSRs”), codified as 49 C.F.R. §§ 300.01 et seq., which set forth the mandatory safety regulations that motor carriers must follow in the course of transporting persons or property for business purposes.

Shayne M. Hamann has been elected president of the Twin Cities Claims Association [TCCA]. The group is a local organization made up of claims professionals, attorneys and vendors within the insurance community who gather for educational programs and networking opportunities.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the election of Timothy J. Carrigan, Jennifer K. Eggers, and William J. McNulty as shareholders.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorneys Colin S. Seaborg and Perssis Meshkat and paralegal Teri A. Inderieden

Arthur Chapman Congratulates its 2016 Super Lawyers® and Rising Stars®