SMW updated
  • Stephen M. Warner
  • Shareholder, Board of Directors
  • Chair - Appellate Litigation
    Chair - Insurance Coverage
  • Arthur Chapman Kettering Smetak & Pikala, P.A.
  • Minneapolis, Minnesota
  • 612-375-5994  direct dial
  • 612-339-7655  fax

  • Hudson, Wisconsin
  • 715-257-8061  direct dial
  • 612-339-7655  fax

  • smwarner@arthurchapman.com
vCard Print Arthur Chapman Kettering Smetak & Pikala, P.A.

Steve’s diverse litigation practice includes insurance coverage matters involving personal auto, commercial auto, motor truck cargo, homeowners, commercial property and general liability coverage issues, as well as commercial transportation, general auto liability and appellate matters in Minnesota, Wisconsin and North Dakota. He has considerable jury trial and arbitration experience and has appeared before the Minnesota and Wisconsin Courts of Appeals, the Minnesota Supreme Court and the 8th Circuit Court of Appeals. Steve is a qualified neutral under Rule 114 of the Minnesota General Rules of Practice. A member of the American Board of Trial Advocates, Steve also chairs the firm's Insurance Coverage and Appellate Practice Groups.


Education

William Mitchell College of Law, J. D., 1996
University of Wisconsin – Stevens Point (Secondary Education Certification), 1991
University of Wisconsin – Madison, B.A., 1989


Click to see full Bio

Steve’s diverse litigation practice includes insurance coverage matters involving personal auto, commercial auto, motor truck cargo, homeowners, commercial property and general liability coverage issues, as well as commercial transportation, general auto liability and appellate matters in Minnesota, Wisconsin and North Dakota. He has considerable jury trial and arbitration experience and has appeared before the Minnesota and Wisconsin Courts of Appeals, the Minnesota Supreme Court and the 8th Circuit Court of Appeals. Steve is a qualified neutral under Rule 114 of the Minnesota General Rules of Practice. A member of the American Board of Trial Advocates, Steve also chairs the firm’s Insurance Coverage and Appellate Practice Groups.

Presentations

  • “The Current State of Bad Faith Litigation in Minnesota and Techniques,” Minnesota Automobile Law Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., August 2022
  • Safe Place Statute and Work Product Protection in Wisconsin," Webinar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., December 2021
  • “Understanding What Is In and Not In Your Insurance Policy,” Business Interruption Webinar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., October 2020
  • "COVID-19 Insurance Coverage Roundtable," "Coverage Issues Related to COVID-19 Claims," Insurance Coverage Webinar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., April & May 2020 
  • “Case Law Update” and “Bad Faith Redux - Defending and Preventing Claims of Bad Faith,” Minnesota Insurance Coverage Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., May 2019
  • "Automobile Coverage in Minnesota," Christensen Group Insurance Group Home Workers’ Compensation Insurance Program, 10th Annual Meeting, October 23, 2018
  • “Case Law Update,” Minnesota Automobile Law Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., September 2018
  • “Bad Faith – Protecting The Claim, The File, And The Claim Handler From “Bad Faith” Discovery,” Insurance Coverage Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., May 2018
  • “What is a Motor Vehicle for No-Fault Coverage” and “Coverage Questions in the PIP Context and Case Law Update,” Minnesota No-Fault Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., March 2018
  • “Key Things You Need to Know Pertaining to Uber, Lyft and Rental Car Scenarios” and “Case Law Update: Recent Trends in Coverage,” Minnesota Automobile Law Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., September 2017
  • "Navigating the Waters of Performance and Payment Bonds," Minnesota Construction Law Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., October 2016
  • "You've Issued a Reservation of Rights, Now What?" and "Insurance Coverage Panel Discussion," Minnesota Commercial Insurance Coverage Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., May 2016
  • “Coverage Conundrums in Minnesota No-Fault,” “Mock No-Fault Arbitration Hearing,” and “No-Fault-Related Panel Discussion,” Minnesota No-Fault Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., March 2016
  • “Case Law Update: Recent Trends in UM/UIM Coverage” and “Auto-Related Panel Discussion,” Minnesota Automobile Law Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., September 2015 
  • “CGL Book Update and Review,” “Coverage Trends: Cyber Risk and the Challenges of the Shared Economy,” and “Insurance Coverage: A Panel Discussion,” Commercial Insurance Coverage Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., May 2015
  • “Conflicts of Interest in Claim Handling and Litigation,” Twin Cities Claims Association, April 2015
  • “Common Coverage Issues Involving Automobiles, Bicycles, Mopeds, Motorcycles, and a Metro Transit Bus” and “Auto-Related Panel Discussion,” Minnesota Automobile Law Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., September 2014
  • "The 411 on Minnesota Subrogation and Indemnity Principles and Handling School Bus Accidents," Twin Cities Claims Association, September 2014
  • Miller-Shugart Agreements in Insurance Coverage Disputes,” Minnesota Commercial Insurance Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., May 2014
  • “Evolution of Additional Insured Coverage – New ISO Changes, Court Cases, and Practical Implications,” Construction Law Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., October 2013
  • “The 411 on Minnesota Subrogation and Indemnity Principles and Handling School Bus Accidents,” Automobile Law Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., September 2013
  • “Commercial Vehicle Coverage Issues,” Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minnesota Insurance Coverage Seminar, May 2013

Publications

Honors

  • Super Lawyer® 2019-2023 and Rising Star® 2006, 2008, Thomson Reuters

Education

William Mitchell College of Law, J. D., 1996
University of Wisconsin – Stevens Point (Secondary Education Certification), 1991
University of Wisconsin – Madison, B.A., 1989


Bar Admissions

Minnesota, 1996
North Dakota, 2015
Wisconsin, 2003
U.S. Court of Appeals, Eighth Circuit, 2015
U.S. District Court, District of Minnesota, 1998
U.S. District Court, District of North Dakota, 2017
U.S. District Court, Eastern District of Wisconsin, 2023
U.S. District Court, Western District of Wisconsin, 2022


Certifications

Qualified Neutral under Rule 114 of the MN General Rules of Practice


Professional Associations and Memberships

American Board of Trial Advocates, Member
Minnesota Defense Lawyers Association
Minnesota State Bar Association
North Dakota State Bar Association
Ramsey County Bar Association
Wisconsin State Bar Association


Licenses

Minnesota
North Dakota
Wisconsin

Nachtsheim v. Hunt, No. A18-1051, 2019 WL 1105062 (Minn. App. Mar. 11, 2019). Obtained affirmance of summary judgment for insurer finding that “business use” exclusion barred coverage for defamation claims related to book published by company insured formed for that purpose, and that Miller-Shugart Agreement insured entered into with plaintiffs was unreasonable as a matter of law and therefore unenforceable.

Hamilton v. Progressive Direct Ins. Co., No. A18-0585, 2019 WL 114204 (Minn. App. Jan. 7, 2019), review denied (Minn. Mar. 27, 2019). Obtained reversal of district court holding that plaintiff was prevailing party in multi-count lawsuit where each party prevailed on one count; also court of appeals holding that insurer client was sole prevailing party.

Renstrom v. Centers For Medicare And Medicaid Services, et al., 384 Wis.2d 418, 921 N.W.2d 519 (Table), 2018 WL 4489366 (Wis. App. Sept. 18, 2018). Obtained affirmance of summary judgment for homeowner’s insurer, which had denied coverage for injuries sustained by plaintiff at lake cabin owned by insured on the ground that policy exclusion for injuries arising out of ownership or use of property that was not scheduled in policy Declarations barred coverage.

Security Bank & Trust Co. v. Larkin, Hoffman, Daly & Lindgren, Ltd., 916 N.W.2d 491 (Minn. 2018), rehearing denied (Aug. 21, 2018).  Obtained Supreme Court reversal of court of appeals decision on accrual of legal malpractice claim.  Supreme Court held cause of action for legal malpractice in estate planning accrued, if at all, prior to death of client such that alleged damages due to negative tax consequences from estate planning that arose after client’s death were not actionable.

Boldt v. Mike’s Electrical Central MN, LLC, No. A17-0106, 2017 WL 5661574 (Minn. App. Nov. 27, 2017). Obtained affirmance of summary judgment based on plaintiff/appellant’s failure to present sufficient evidence on recognized measure of damages for damage to property.

Country Mut. Ins. Co. v. Orloske, 820 F.3d 335 (8th Cir. 2016). Obtained affirmance of summary judgment and finding of no coverage based on application of criminal-acts exclusion in homeowners’ policy.

Lindstrom v. Progressive Direct Ins. Co., No. A16-0189, 2016 WL 4421473 (Minn. App. Aug. 22, 2016). Obtained affirmance of summary judgment for insurer on issue of whether insurer’s notice of cancellation of auto policy complied with applicable statutory requirements and was otherwise effective.

Malisheske v. Kortan, No. A14-2100, 2015 WL 5089035 (Minn. App. 2015), review denied (Minn. Nov. 17, 2015). Obtained affirmance of defense verdict for truck driver who struck pedestrian at truck stop.

Scherber v. Nor-Son, Inc., No. A11-962, 2012 WL 1069988 (Minn. App. Apr. 2, 2012), review denied (Minn. June 19, 2012). Obtained affirmance of summary judgment on grounds that two companies were engaged in common enterprise such that exclusive remedy provisions of workers’ compensation act barred claimant’s liability claims.

Howard Homes, Inc. v. Keeler Stucco, Inc., No. A06-2036, 2007 WL 4234628 (Minn. App. Dec. 4, 2007). Obtained affirmance of summary judgment finding subcontractors had contractual duty to defend general contractor against homeowner claims of faulty construction.

Professional Fiduciary, Inc. v. Silverman, 713 N.W.2d 67 (Minn. App. 2006), review denied (Minn. Jul. 19, 2006). Representing personal representative on certified question, court of appeals held that personal representative of deceased client may pursue legal malpractice claim that accrued during client’s life.

Watkins v. Greyhound Bus Lines, Inc., No. A04-150, 2004 WL 2049977 (Minn. App. Sept. 14, 2004). Obtained affirmance of summary judgment for bus company in wrongful death case on finding that carrier had no duty to protect passenger from unforeseeable criminal act after fatal shooting on bus.

Minn-Chem, Inc. v. Richway Industries, Ltd., No. C1-99-1963, 2000 WL 1066529 (Minn. App. Aug. 1, 2000). Obtained affirmance of jury verdict in favor of plaintiff on appeal based on alleged spoliation of evidence, alleged improper jury instructions, evidentiary rulings.

Practice Areas


Legal Team