VOLUME 1

CHAPTER 1
Policy Interpretation and the Rules of Construction
Introduction; Burden of Proof; Interpreting an Unambiguous Contract; Interpreting an Ambiguous Contract; Reconstructing Lost or Missing Insurance Policies
– Skip Durocher & Mike Norton

CHAPTER 2
Reservation of Rights and Denials of Coverage
Introduction; Insurer’s Statutory Duties Upon Receipt of Claim; Violations of the Unfair Claims Practices Act; Purpose and Necessity of the Reservation of Rights Letter or Non-Waiver Agreement; Contents of the Reservation of Rights Letter; Effect of an Erroneous Reservation of Rights Letter; Denials of Coverage; Contents of the Denial of Coverage Letter; Effect of the Reservation of Rights or Denial of Coverage on the Obligations of the Insured and Insurer; Waiver and Estoppel; Appendix A – Sample Reservation of Rights Letter; Appendix B – Sample Non-Waiver Agreement; Appendix C – Sample Denial of Coverage Letter
– Anthony J. Kane & Jessica K. Allen

CHAPTER 3
Misrepresentation or Omission in Applications for Insurance
Introduction; Common Subjects of Misrepresentation in Insurance Applications; Misrepresentation by Applicant: Minnesota Statutes section 60A.08, subdivision 9; CIVJIG 59.25: Misrepresentation – Application for Insurance; Life Insurance; Risk of Loss; Timing of Misrepresentation; Burden of Proof – Question of Fact or Law; Misrepresentation as Affecting the Rights of Third Parties; The Agent’s Role; Attempting to Insure a Known Loss; Misrepresentation in Applications Concerning Potential for Future Claims; Incontestability Clauses in Life Insurance Policies; Effect of Renewal on Misrepresentation or Concealment in the Original Application; Estoppel/Waiver/Inconsistent Act; Misrepresentation in Making a Claim
– Lauren E. Nuffort

CHAPTER 4
Bad Faith and Wrongful Refusal to Settle: Liability in Excess of Policy Limits
Introduction to First-Party and Third-Party Bad Faith Claims in Minnesota; The Basics of Minnesota’s First-Party Bad Faith Statute, Minnesota Statutes Section 604.18; Unresolved Questions Surrounding Minnesota Statutes Section 604.18; Third-Party Bad Faith Claims Related to an Insurer’s Bad Faith Refusal to Settle; Standards for Determining “Bad Faith” and Wrongful Refusals to Settle; Issues Related to Bad Faith and Wrongful Refusal to Settle
– Jeffrey R. Mulder, Janine M. Loetscher & Beth A. Jenson Prouty

CHAPTER 5
Duties of Insured
Introduction; Duty to Provide Notice of Claim; Duty to Cooperate; Duty to Provide a Statement; Duty to Be Truthful and Forthcoming; Duty Not to Make Payments/Assume Obligations; Duty Not to Destroy Subrogation and Recovery Rights; Duty to Attend Trial; Release of Insured’s Duties; Conclusion
– Elizabeth J. Roff

CHAPTER  6
Duty to Defend
Basis of Duty; Burden of Proving Duty to Defend; Basis for Determining Whether Duty to Defend Exists; Collateral Estoppel; When Can or Should Determination of Defense Duties Be Made?; Necessity of Tender; Scope of Duty to Defend; Duty to Defend is Broader Than the Duty to Indemnify; Right to Select Counsel and Control Litigation; Damages Recoverable for Breach of Duty to Defend; Apportionment of Defense Costs Between Covered and Non-Covered Claims; Defense Obligations in the Context of Multiple Insurers and Self-Insured Retention; Insolvent Insurers and Insurance Gaps
– John R. Crawford

CHAPTER 7
Priorities of Coverage
Introduction; Historical Background; The Closeness to the Risk Test; The Total Policy Insuring Intent Test; Automobile Liability Policies; First-Party Automobile Insurance Claims; Specialty Insurance Cases; Trucking Cases; Fire Insurance Cases; Continuous Injury Cases; Conclusion and Recommendations
– R. Stephen Tillitt & Jack F. Edell

CHAPTER 8
Excess Insurance
Introduction; Following-Form Excess Insurance; Duty to Defend Between Primary and Excess Insurers; Primary Insurer’s Right to Settle and Withdraw from Case – Enforceability of Drake and Loy Releases; Does an Excess Insurer Have an Obligation to Contribute to a Settlement Before Primary Limits Have Been Exhausted?; Settlement by Excess Insurer Over Objection of Primary Insurer; Excess Insurer’s Rights Against Primary Insurer for Wrongful Refusal to Settle; Insolvency or Bankruptcy of Primary Insurer – Drop-Down Coverage; Excess Insurance Coverage and the No-Fault Act; Payment of Insured’s Defense Costs, in Addition to Payment of Policy Limits
– Matthew J. Barber

CHAPTER 9
Insurability of Punitive Damages
Introduction; Minnesota Law Governing the Award of Punitive Damages; Insuring Language and the Intended/Expected Exclusions; The Minority and Majority Rules Applicable to Coverage for Punitive Damages; The Rule in Minnesota and its Exceptions; The Importance of Choice of Law; Bad-Faith Refusal to Settle; Settlement Considerations; Conclusion
– Christopher H. Yetka & Sarah D. Greening

CHAPTER 10
Fire and Property Insurance
Minnesota Standard Fire Insurance Policy: Substantive Coverages; Minnesota Standard Fire Insurance Policy: Procedural Requirements
– Lauren E. Nuffort

CHAPTER 11
Homeowners Insurance
Introduction; Types of Coverage Provided by Homeowners Policy; Liability Protection; Exclusions; Specific Areas of Coverage Interest
– Jenneane L. Jansen & Kris E. Palmer

CHAPTER 12
Minnesota Courts’ Interpretation of “Occurrence” and “Property Damage” Issues
History of “Occurrence” and “Property Damage” in Comprehensive General Liability Policies in Minnesota; Minnesota Courts’ Interpretation of an “Occurrence” as that Term is Used in Standard CGL Policies; The Definition of an “Accident” as an Element of an Occurrence; To Qualify as an Occurrence, An Accident Must Take Place Within the Policy Period and Result in Property Damage or Bodily Injury; To Qualify as an Occurrence, Property Damage or Bodily Injury Resulting from an Accident Must Be Neither Expected Nor Intended; Intentional Acts Exclusions in Minnesota; Defining an “Intentional Act” Under “Normal” Circumstances; Intentional Act Inferred as a Matter of Law; Exceptions to Intentional Acts Exclusion – Cases of Mental Illness and Reflexive or Impulsive, Defensive Reactions; Applicability of Intentional Acts Exclusion by Acts of Agent of Corporation to Corporate Insured
– William P. Harrie

CHAPTER 13
Personal and Advertising Injury
Introduction; Brief History of Personal and Advertising Injury Coverage; Policy Provisions; Advertising Injury Coverage; Personal Injury Coverage; Personal and Advertising Injury Exclusions; Conclusion
– Paula Weseman Theisen

CHAPTER 14
Select Commercial General Liability Policy Exclusions
Introduction; The Care, Custody or Control Exclusion; The Owned Property Exclusion; The Contractual Liability Exclusion; The Insured’s Work Exclusion; The Insured’s Products Exclusion; The “Sister Ship” and “Product Recall” Exclusions; Other Exclusions
– Kay Nord Hunt & Michelle K. Kuhl

CHAPTER 15
Automobile Liability Coverage
Requirement of Automobile Liability Coverage; Who Is an Owner for Purposes of Liability Coverage; Who Is Insured Under the Liability Coverage; What Vehicles Are Covered Under Liability Coverage; Exclusions from Coverage; Overlapping Coverages; Factors Triggering Reduction or Cancellation of Liability Coverage
– Wilbur W. Fluegel

CHAPTER 16
Uninsured Motorist and Underinsured Motorist Coverage
History of Uninsured Motorist Statutes; Overview: Prerequisites for a UM Claim; What Is an Uninsured Motor Vehicle?; Identifying the UM Coverage; Limitations on UM Coverage; Asserting UM Claims; Asserting UM Claims: Multiple Defendants; Amount of UM Recovery; Statute of Limitations for UM Claims; Other Issues; UIM Statutory Background; What Is an Underinsured Motor Vehicle?; Exclusions; UIM Priorities: Which Company Pays?; The Amount of UIM Coverage; First Step in UIM Claim: Resolve the Liability Claim; Options if UIM Insurer Substitutes Draft; Amount of UIM Claim; Multiple Parties; UIM Insurer’s Right of Recovery; Statute of Limitations; Effect of UIM Payment on Subsequent No-Fault Claims
– Peter M. Lindberg

VOLUME 2

CHAPTER 17
Commercial Trucking Insurance
Introduction; Interplay Between Federal and State Law; The MCS-90 Endorsement; Cancellation and Replacement of Policies; Coverage Issues Arising from Commercial Vehicle Leases; No-Fault Issues; Indemnity Under Minnesota No-Fault; Non-Trucking Use Coverage; Coverage on Semi-Trailers; Primary/Excess Issues; Anti-Indemnity Statute in Minnesota
– Rachel Beauchamp & Tamara L. Novotny

CHAPTER 18
Workers’ Compensation
Introduction to Workers’ Compensation; Compensable Injuries; Legal Requirements for Compensability; Duty to Insure; Covered Employee/Excluded Employments; Benefits Overview; Procedural Overview; Civil Actions Involving Workers’ Compensation
– Timothy P. Jung

CHAPTER 19
Professional Liability Claims-Made Coverage
Background; Enforcement of the Claims-Made Form; Enforcement of Specific Claims-Made Policy Provisions; Advantages of the Claims-Made Form
– Danielle Parry & Nathan Z. Heffernan

CHAPTER 20
Construction Litigation Coverage
Introduction; The CGL Policy Terms; Policy Analysis; Recapping Third-Party Liability Coverage; Trigger and Allocation; Contractual Indemnity Agreements and Insurance Coverage
– Janine M. Loetscher & Beth L. LaCanne

CHAPTER 21
Directors and Officers Liability Insurance
Introduction; Types of Coverage in D&O Liability Insurance Policies; The Insurer’s Defense Obligation; Claims Covered by D&O Liability Insurance Policies; Exclusions; Insurer’s Rights to Rescind Based Upon Material Misrepresentations and Omissions in the Application; Allocation of Settlement and Defense Costs; D&O Policies and/or Proceeds as Property of the Bankruptcy Estate; Tips for D&O Litigation
– Margo S. Brownell, Judah A. Druck & Bryan R. Freeman

CHAPTER 22
Agent and Broker Liability
Introduction; Agent, Broker, or Both; Scope of Authority; Liability of Agents and Brokers; Measure of Damages for Agent and Broker Liability
– Jason M. Hill & Heidi M. Torvik

CHAPTER 23
Cyber Insurance
Overview of Cyber Liability; Potential Sources of Insurance Recovery; Cyber Liability Insurance; Conclusion
– Bryan C. Keane

CHAPTER 24
Environmental
Summary of Potential Coverage from Liability Insurance Policies Under Minnesota Law; Bases for Environmental Liability; Comprehensive General Liability Insurance; Property Damage Liability Coverage; Personal Injury Liability Coverage; Defense Coverage; Insolvent Responsible Parties; Pollution Legal Liability Insurance
– Christopher L. Lynch  

CHAPTER 25
Insurance Coverage for Employment Claims
The Coverage Analysis; Liability Insurance; Other Business Insurance Policies; Personal Lines Insurance Policies; Typical Employment Claims Analyzed; COVID-19 and Pandemic Changes in the Workplace and Employment Context
– Tessa McEllistrem

CHAPTER 26
Ethical Considerations
Introduction; One Client or Two; Conflict of Interest Issues; Amendments to the Minnesota Rules of Professional Conduct; Conclusion
– Timothy M. Burke

Table of Authorities
Subject Index

• Sample Denial of Coverage Letter  (Chapter 2)
• Sample Non-Waiver Agreement  (Chapter 2)
  
• Sample Reservation of Rights Letter (Chapter 2)

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