Minnesota Indemnity Law

Michael John Hernandez v. General Mills Federal Credit

General Mills Federal Credit Union1 filed an adversary proceeding to determine the dischargeability of a debt in Michael Hernandez's Chapter 7 bankruptcy. The bankruptcy court2 found the debt excepted from discharge, the district court3 affirmed, and we now affirm as well. I. BACKGROUND Hernandez's grandparents, Joseph and Stella Hernandez (whom we will refer to as Joseph a... More...

$0 (06-14-2017 - MN)

United States of America v. Brooklyn Park 73rd Leased Housing Associates, LLC; Dominium Management Services, LLC; Susan Meyer; and Gina Estrem

Minneapolis, MN - Brooklyn Park Landlord And Property Management Company Agree To Pay Victim For Violating The Fair Housing Act The federal government and a housing discrimination victim entered into an agreement with a Brooklyn Park landlord and a property management company to settle allegations that they violated the federal Fair Housing Act (“FHA”) by refusing to allow the victim ... More...

$3500 (01-25-2016 - MN)

State Farm Mutual Automobile Insurance Company vs. Angela Mary Lennartson

The two cases before us in this consolidated appeal involve a dispute over the obligation of an insurer to pay no-fault medical-expense or income-loss benefits after the same expenses or losses were recovered in a tort action. We consider two questions: (1)_whether the Minnesota No-Fault Automobile Insurance Act (No-Fault Act), Minn. Stat. §§ 65B.41-.71 (2014), bars an insur... More...

$0 (12-16-2015 - MN)

328 Barry Avenue, LLC vs. Nolan Properties Group, LLC

The questions presented in this case concern the interpretation and application of the 2-year statute of limitations in Minn. Stat. § 541.051, subd. 1(a) (2014), which applies to actions “arising out of the defective and unsafe condition of an improvement to real property.” Appellant 328 Barry Avenue, LLC (328 LLC) used respondent Nolan Properties Group, LLC (NPG) as the... More...

$0 (11-25-2015 - MN)

The Netherlands Insurance Co. v. Main Street Ingredients, LLC

Malt-O-Meal Company (Malt-O-Meal) sued Main Street Ingredients, LLC (Main Street) in Minnesota state court, which suit involved the June 2009 voluntary recall of dried milk Main Street bought from Plainview Milk Products Cooperative (Plainview) and sold to Malt-O-Meal. The Netherlands Insurance Company (Netherlands) sued its insured, Main Street, in federal court, seeking a declaratory judgment as... More...

$0 (03-18-2014 - MN)

Toni Dykhoff v. Xcel Energy and CCMSI

Relator Toni Dykhoff fell and dislocated her left patella while attending a required training session at the general office of her employer, Xcel Energy. Dykhoff filed a claim for workers' compensation benefits. The compensation judge held a hearing, found that Dykhoff's injury did not arise out of and in the course of her employment, and denied Dykhoff's claim. Dykhoff appealed to the Workers' Co... More...

$0 (12-26-2013 - MN)

Kolberg-Pioneer, Inc. v. Belgrade Steel Tank Company

Appellant, a Tennessee corporation, was sued in strict liability in Montana federal court for injuries resulting from a silo that it sold. The silo was manufactured by respondent, a Minnesota company. Appellant sought common-law indemnity from respondent in Minnesota state court. The district court determined that Montana indemnity law applied and dismissed appellant's indemnity claim. Because cho... More...

$0 (10-22-2012 - MN)

Owatonna Clinic-Mayo Health v. The Medical Protective Company

This is a contracts case. Owatonna Clinic â€“ Mayo Health System sued its insurer, Medical Protective Company, claiming that the company had breached its obligation to defend and indemnify the Clinic in a medical malpractice suit that had resulted in a judgment against it. Medical Protective denied that it had any such duty because the Clinic had failed to give proper notice of a potential cl... More...

$0 (05-11-2011 - MN)

FACE v. Scottsdale Insurance Company

Festivals and Concert Events, Inc. ("FACEâ€) appeals from the district court's1 grant of summary judgment for Scottsdale Insurance Company ("Scottsdaleâ€). FACE filed this declaratory judgment action, seeking defense costs and indemnity in its underlying lawsuit with D.D.N. Because we conclude that no claim in the underlying suit was arguably within the policy coverage, we affirm. <br... More...

$0 (02-14-2011 - MN)

W3i Mobile, LLC v. Westchester Fire Insurance

W3i Mobile, LLC (W3i) sued Westchester Fire Insurance Company (Westchester), claiming breach of contract and seeking a declaration that an insurance policy required Westchester to defend and indemnify W3i for expenses associated with two class action lawsuits brought against W3i. The district court1 granted summary judgment in favor of Westchester, finding a products exclusion precluded coverage u... More...

$0 (02-15-2011 - MN)

Thomas Booth, et al. v. Ryan Gades, Respondent, City of Cyrus Fire Department

Appellants, who were injured in an automobile accident caused by the alleged negligent, employment-related driving of a firefighter employed by respondent city, challenge the dismissal of their action against city, arguing that the district court erred in concluding that their Drake v. Ryan settlement with firefighter destroyed city's vicarious liability for firefighter's alleged negligence. Becau... More...

$0 (08-25-2009 - MN)

Faegre & Benson, LLP v. R & R Investors, et al.

This is an appeal from summary judgment in an interpleader action in which the district court determined that respondent partnership was entitled to the proceeds from the settlement of a lawsuit against the federal government, and dismissed appellants' damages claims against respondent law firms, who were litigation counsel in the federal lawsuit and commenced this interpleader action to resolve t... More...

$0 (09-29-2009 - MN)

Westchester Fire Ins. Co. v. Douglas Wallerich

In this insurance coverage dispute, Westchester Fire Insurance Company ("Westchester") filed a declaratory judgment action against Douglas Wallerich, Patrick Lowther, and Sharon O'Reilly (collectively "Insureds"), seeking a determination whether it must provide coverage to the Insureds in defending an underlying lawsuit. Additionally, Westchester sought reimbursement of its expenses paid thus far ... More...

$0 (04-24-2009 - MN)

Evanston Insurance Co. v. W.L.M.

This is an insurance coverage dispute. W.L.M. sued Machaga Johns (Johns) and Our Gang Hair Designs, Inc. (Salon) in Minnesota state court alleging Johns, a massage therapist at the Salon, sexually assaulted W.L.M. while W.L.M. was receiving a therapeutic massage performed by Johns. Johns is insured under a general liability policy issued by Evanston Insurance Company (Evanston). Evanston broug... More...

$0 (06-24-2008 - MN)

Ohio Savings Bank v. Progressive Casualty Insurance Company

Ohio Savings Bank ("OSB") purchased eleven first-mortgage loans from the Reston, Virginia, branch of Advantage Investors Mortgage ("AIM"), an originator of home-loan refinancings. The transactions were structured as "table funded" settlements. See 24 C.F.R. § 3500.2(b). OSB wired funds to an escrow account of AIM's closing agent, First National Title ("FNT"). The borrowers signed notes and m... More...

$0 (04-09-2008 - MN)

Corn Plus Cooperative v. Continental Casualty Co.

Corn Plus Cooperative ("Corn Plus") brought this declaratory judgment claim against Continental Casualty Company ("Continental") and Lumbermens Mutual Casualty Company ("Lumbermens") to enforce a settlement it had reached with its mechanical contractor who was insured by appellees. The district court1 determined that the insurance policies did not cover all of appellant's claims and thereafter... More...

$0 (02-07-2008 - MN)

<a href="http://www.ca8.uscourts.gov/opndir/07/09/063421P.pdf" target="_new">Waste Management v. Transcontinental</a>

A garbage truck loaded by Waste Management of Minnesota, Inc. ("WMCo"), and driven by Chad Trenhaile jumped a highway median, rolled over, and struck the car of Brian and Ellen Ross, injuring the Rosses and Trenhaile. The Rosses commenced a state court damage action against WMCo, Trenhaile, and additional parties we will refer to as the trucking defendants. WMCo's primary liability insuran... More...

$3050000 (09-28-2007 - MN)

<a href="http://www.lawlibrary.state.mn.us/archive/supct/0407/op030119-0701.htm" target="_new">John H. Brekke v. THM Biomedical, Inc.</a>

Respondent employee, Dr. John H. Brekke, brought an action against appellant employer, THM Biomedical, Inc. (THM), under Minn. Stat. § 181.79 (2002) for a statutory penalty based on THM's unauthorized deduction from Dr. Brekke's salary of the principal of a debt owed by Dr. Brekke to THM. The district court ruled that the deduction violated Minn. Stat. § 181.79 and awarded Dr. Brekke twice t... More...

$0 (07-09-2004 - MN)

<a href="http://www.lawlibrary.state.mn.us/archive/ctappub/0209/c5011546.htm" target="_new">In re: Silicone Implant Insurance Coverage Litigation.</a>

1. When the underlying litigation leading to an insured's liability is settled, leaving facts crucial to a coverage determination unresolved, the district court in the coverage action must make findings as to these unresolved coverage issues, which will not be reversed unless clearly erroneous. 2. When damages covered by occurrence insurance take place over mor... More...

$0 (09-24-2002 - MN)

<a href="http://www.ca8.uscourts.gov/opndir/02/02/011827P.pdf" target="_new">Pamida, Inc. v. E.S. Originals, Inc. </a>

Pamida, Incorporated, Alan M. Anderson, Renee L. Jackson, Nicholas A.J. Vlietstra, Cynthia M. Klaus, and Christopher K. Larus appeal the district court’s 2 partial denial of their motion to quash subpoenas. This appeal stems from an indemnification action brought by Pamida, Incorporated (Pamida) against Dynasty Footwear, Ltd. (Dyansty), E.S. Originals, Incorporated and others. Pamida bro... More...

$0 (02-25-2002 - MN)

<a href="http://www.lawlibrary.state.mn.us/archive/supct/0108/c69964.htm" target="_New">James J. Engvall v. Soo Line Railroad Company, d/b/a Canadian Pacific Railway Company</a>

We are asked to decide whether a railroad can maintain a cause of action for contribution and/or indemnity against a railroad locomotive manufacturer when the railroad is sued by an employee under the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60 (1994). The district court granted summary judgment to the manufacturer, holding that federal law preempted the contribution and i... More...

$0 (08-02-2001 - MN)

<a href="http://www.ca8.uscourts.gov/opndir/00/10/993471P.pdf" target="_new">Noran Neurological v. Travelers Indemnity Company</a>

Noran Neurological Clinic, P.A., (Noran) brought suit against its property insurer, The Travelers Indemnity Company (Travelers), alleging breach of contract; a deceptive trade practice in violation of Minn. Stat. §§ 325D.09-.16 (1995); and bad faith denial of coverage. Noran now appeals the district court's2 grant of summary judgment in favor of Travelers, except for the bad faith denial of c... More...

$0 (10-16-2000 - MN)