Edited by John R. Crawford & Lauren E. Nuffort
The Minnesota Insurance Law Deskbook is the authoritative resource on Minnesota insurance coverage issues. It addresses general issues such as rules of construction, duties of insured, and ethical considerations; and specific insurance coverages such as homeowners insurance, commercial general liability insurance, professional liability insurance, workers’ compensation insurance, and cyber insurance. Although the emphasis is on Minnesota law, authors have referred to commentators or seminal cases from other jurisdictions, either as additional background or as authority on an issue not yet addressed by Minnesota courts. With dozens of practice tips, comments, and example boxes with standard policy language pull-quotes – not to mention the subject index, table of authorities, and chapter tabs – the Deskbook is as practical and easy to navigate as it is comprehensive.
BUNDLE AND SAVE!
Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.
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
– Katie C. Pfeifer
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
Misrepresentation or Omission in Applications for Insurance
Introduction; Common Subjects of Misrepresentation in Insurance Applications; Nature and Effect of Misrepresentations in Applications for 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; Effect of Renewal on Misrepresentation or Concealment in the Original Application; Estoppel/Waiver/Inconsistent Act; Misrepresentation in Making a Claim
– Lauren E. Nuffort
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 & Kerri J. Nelson
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
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
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
– Brock P. Alton & R. Stephen Tillitt
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
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
Fire and Property Insurance
Minnesota Standard Fire Insurance Policy: Substantive Coverages; Minnesota Standard Fire Insurance Policy: Procedural Requirements
– Diana Young Morrissey & Scott Gleitz
Introduction; Types of Coverage Provided by Homeowners Policy; Liability Protection; Exclusions; Specific Areas of Coverage Interest
– Jenneane L. Jansen & Kris E. Palmer
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
Personal and Advertising Injury
Introduction; Brief History of Advertising Injury Coverage; Policy Provisions; Advertising Injury Coverage; Personal Injury Coverage; Personal and Advertising Injury Exclusions; Conclusion
– Charles E. Spevacek & Paula Weseman Theisen
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
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
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
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, Michael W. McNee & Tamara L. Novotny
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
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
– Timothy J. Gephart & Patricia K. Beck
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 & Andrea Reisbord
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 & Hillary A. Taylor
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
Overview of Cyber Liability; Potential Sources of Insurance Recovery; Cyber Liability Insurance; Conclusion
– Bryan R. Feldhaus & Katie C. Pfeifer
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
Insurance Coverage for Employment Claims
The Coverage Analysis; Liability Insurance; Other Business Insurance Policies; Personal Lines Insurance Policies; Typical Employment Claims Analyzed
– Timothy P. Tobin
Introduction; One Client or Two; Conflict of Interest Issues; Amendments to the Minnesota Rules of Professional Conduct; Conclusion
– Binh T. Tuong
Table of Authorities
HARD COPY: $199
LINKEDLAW: $125 for 1-year subscription
Bundle and save!
Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.
Other discounts that may apply:
Please email email@example.com or call 800-759-8840 to inquire about bulk orders.
Take Your Deskbooks to the Next Level With LinkedLaw
Minnesota CLE's Deskbooks, important resources you have known and trusted for decades, are even more valuable with LinkedLaw, an innovative web-based product. LinkedLaw eDeskbooks are available 24/7 online, via your computer or mobile device. In addition to being fully searchable, LinkedLaw eDeskbooks are linked to primary authorities mentioned in the text. Summon the texts of statutes, rules, and cases with simple mouse clicks. Navigate through the book quickly and easily using the table of contents to jump directly to corresponding pages within the book.
And, with a LinkedLaw eDeskbook subscription you will always have the most current version of the Deskbook at your fingertips. All updates and new editions published during the subscription period are incorporated automatically and seamlessly into the LinkedLaw eDeskbook, becoming instantly available at no extra cost.
LinkedLaw eDeskbooks have everything you need to research, prepare and evaluate dynamite analysis – and save valuable time in the process!
Accessing LinkedLaw eDeskbooks
Subscribers have 24/7 access to their LinkedLaw eDeskbooks through their account on the Minnesota CLE website under My Account > eResources & Publications. Access to each LinkedLaw eDeskbook subscription will be available to the subscriber for 12 months from the date of purchase. LinkedLaw eDeskbook subscriptions bundled with a hard copy deskbook end when the next update is published.
Using LinkedLaw eDeskbooks
LinkedLaw eDeskbooks are designed to be user-friendly. Easy-to-use features allow you to navigate quickly through the book, readily search the entire text, and instantly summon the text of primary authorities mentioned in the text. Depending on the device being used, additional features may also be available to you including tools that allow you to copy and paste, zoom in and out, expand the table of contents, view page thumbnails, and more.
Renewing LinkedLaw eDeskbook Subscriptions
Current subscribers to an individual LinkedLaw eDeskbook title can renew their subscription at a specially reduced subscription rate if renewing within the time frame specified.
LinkedLaw can be used on any operating system with a supported internet browser and HTML5. The operating system should have 512MB or more of RAM and a single core CPU 2.0 GHz or dual core CPU 1.5 GHz or higher.
LinkedLaw also can be used on mobile devices that support HTML5. Some features such as the copy and paste tool may not be available on these devices.
The system is designed to recognize the user's device/platform and load the appropriate version of the LinkedLaw eDeskbook.
Test your system by viewing this LinkedLaw sample:
I understand and agree to the following:
The LinkedLaw subscription period will extend for one year from the date you submit your credit card payment information. The subscription fee is nonrefundable. Your subscription will not automatically renew, but you may renew at a reduced price if renewing within the time frame specified. The subscription is nontransferable. LinkedLaw eDeskbook subscriptions bundled with a hard copy deskbook end when the next update is published.
Minnesota Continuing Legal Education grants you a nonexclusive, nontransferable license to access, retrieve, and view the LinkedLaw eDeskbook during your subscription period. Sections of the eDeskbook also may be cut and pasted into your documents and forms may be downloaded for your use. The LinkedLaw eDeskbook is for your personal use only. LinkedLaw contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, copying, sharing, resale, or otherwise, of material obtained from LinkedLaw, except as permitted by the Copyright Act or other law. The compilation of all content in LinkedLaw is the exclusive property of Minnesota Continuing Legal Education and is protected by U.S. and international copyright laws.
Disclaimer and Limitation of Liability:
Any information contained in the materials in LinkedLaw is not legal advice. Non-lawyers should seek the advice of a licensed attorney in all legal matters. Readers should assure themselves that the material in LinkedLaw was current and applicable at the time of the Deskbook's original publication. Obviously, neither Minnesota Continuing Legal Education nor the authors can warrant that the material will continue to be accurate, nor do they warrant it to have been completely free of errors when first published. Readers should verify any statements before relying on them.
The materials reflect the viewpoints of their authors and do not necessarily express the opinions of Minnesota Continuing Legal Education.
Minnesota Continuing Legal Education makes no warranties, express or implied, concerning the materials contained in LinkedLaw. Minnesota Continuing Legal Education expressly disclaims all implied warranties of merchantability and of fitness for a particular purpose.
Minnesota Continuing Legal Education does not warrant that this Website, its services, its servers, or e-mails sent from it are free of viruses or other harmful components. Under no circumstances shall Minnesota Continuing Legal Education be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use of this site, or sites to which it links, or from reliance on or use of information, services, software, or merchandise provided on or through this site, or that result from deletion of files, delays in operation or transmission of data, or any failure of performance of the site.
Minnesota Continuing Legal Education reserves the right to immediately terminate this Agreement and deny you access to LinkedLaw if you materially breach this Agreement, including but not limited to misuse or unauthorized distribution of the LinkedLaw materials.
This Agreement is governed by the laws of the state of Minnesota. If any provision of this Agreement, or its application, shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each other provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Failure by Minnesota Continuing Legal Education to enforce any provision does not waive any further enforcement rights.
Do I need any special hardware or software to use LinkedLaw?
LinkedLaw can be used in any Internet browser on any device. Some tools like copy/paste may not be available on mobile devices. Test your system by viewing the LinkedLaw eDeskbook sample.
May I preview LinkedLaw before deciding to subscribe?
You are welcome to give the LinkedLaw eDeskbook sample a test drive!
May I subscribe to a LinkedLaw eDesbook over the phone?
No, purchasing a subscription online is how you activate the link to access your eDeskbook subscription.
Can I be invoiced for a LinkedLaw eDeskbook subscription?
No, subscriptions must be purchased and paid for online.
Is the length of my subscription rounded off to the nearest week or month?
No, your subscription will run one full year, to the day. You can see the expiration date of your subscription under My Account > eResources & Publications.
Once I’ve purchased a LinkedLaw eDeskbook subscription, how do I access it?
Log into your account on the Minnesota CLE website and go to My Account > eResources & Publications. Click the VIEW button by the LinkedLaw eDeskbook title.
Will I always have access to the LinkedLaw eDeskbook eFormbook?
Yes, you will always have access to the eFormbook as long as you have an active subscription to the LinkedLaw eDeskbook.
Do I need to purchase updates for my LinkedLaw eDeskbook?
No, any update or new edition published during your subscription period is included at no extra charge and will be incorporated automatically and seamlessly into your LinkedLaw eDeskbook.
Can I download the forms in my eFormbook?
Yes, and we recommend that you download all of the forms in your eFormbook so you can use them without Internet access.