Minneapolis, MN
Litigation Lawyer at Minneapolis, MN
Practice Areas: Litigation, Insurance ... +2 more
OUTCOME: The Supreme Court reversed the Minnesota Court of Appeals and held that post-loss assignments of insurance proceeds are valid.
Minnesota Supreme Court case addressing whether policyholders may make post-loss assignments of insurance proceeds notwithstanding a provision in their policies the prohibit assignments without the ins ... urers' consent.
OUTCOME: Connecticut Court of Appeals held that absent use of words that indicated it was a full and final payment, no accord and satisfaction was created.
Whether language on a payment check that shows the amount paid was adjusted based upon fair and reasonable standards constitutes an accord and satisfaction when the check is cashed.
OUTCOME: The Connecticut Supreme Court held that no unilateral contract was created. The court also held that the "amount necessary" language did not mean the lowest price available but rather the obligation was what was reasonable in the market.
Two issues on appeal: whether an insurer's sending out notice of preferred pricing created a unilateral contract when a third-party provided service for a policyholder and what is an insurer's obligat ... ion to pay when the policy provides that it will pay the amount necessary to repair or replace damaged property with other of like kind and quality.
OUTCOME: Minnesota Supreme Court held that the individual disputed invoices may be consolidated for arbitration in the sound discretion of the trial court.
Auto glass company sought to collect short payments on 5700 invoices from an insurer. Insurer sought to have all 5700 invoices arbitrated separately. Auto glass company wanted the dispute resolved in ... a consolidated manner that was far more efficient and inexpensive and far less burdensome.
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