COLORADO: Discover How Implementing a Code of Conduct Simplifies Board Members’ Legal Duties of Care
Colorado law requires HOA board members to act in good faith, with the care an ordinarily prudent HOA board member in a similar position would use, and in a manner ...
RECENT ARTICLES
SJJ Secures Another Victory for Policyholders
SJJ attorneys already established a policyholder’s ability to recover interest on an underpaid insurance claim when the policyholder is forced to resolve it through the appraisal process in 2017 before the Minnesota Supreme Court. Since then, some insurance companies have tried to alter their policies in an attempt to prevent policyholders from receiving interest on these underpaid claims.
Probate Part III – When Probate Should Be Avoided
In part three of Smith Jadin Johnsons series on probate, this post discusses the scenarios when drafting a revocable trust as a client’s main estate planning device, and subsequently avoiding probate, makes the most sense. Depending on the type of estate, revocable trusts can be the preferred method of asset distribution for estates that are complex and for estates that require control over assets and/or privacy.
Dial Back, Minnesota: Effects on Homeowners Associations
On Wednesday, November 18, 2020, Minnesota Governor Tim Walz announced that he was dialing back Minnesota’s Stay Safe Plan for the COVID-19 pandemic. The updated plan is a reaction to a continued rise in all relevant metrics, including number of cases, rate of positive tests, and use of hospital capacity.
Probate Part II – When Probate Is Preferred
In part two of Smith Jadin Johnson’s series on probate, this post discusses the scenarios when drafting a will as a client’s main estate planning device, and subsequently probating the will, makes the most sense.
Probate Part 1: Is It a Four Letter Word?
For many people, when they hear the word “probate” it conjures up something to be avoided like the plague. Most of that stems from misunderstanding the process and procedure. This is the first of a three part series in which Smith Jadin Johnson explains when probate is appropriate for clients and when it should be avoided.
Minnesota Appraisals
Smith Jadin Johnson, PLLC recently won a decision in the Federal District of Minnesota compelling a reluctant insurer to participate in an appraisal of a disputed insurance claim. After the insured demanded an appraisal, the insurer commenced litigation seeking to avoid coverage for the claimed loss and refused to participate in appraisal.
Appraisal Demand
Most jurisdictions provide that a disputed insurance loss can be resolved through the appraisal process. That process typically begins when either the insurance company or policyholder sends a written demand to the other invoking appraisal and naming their own appraiser. Once the written demand is sent, the other party usually has 15-20 days to respond and name their appraiser. The…
Property Insurance Claims Lawyer
Working Through the Property Insurance Claim Process in Minnesota When fire damages your home or business, you must think fast and act quickly. You must get your family or employees to safety and summon the fire department to extinguish the flames. Next, you must call an emergency repair contractor, take steps to protect your property, and contact your insurance company.…
SJJ Expands Policyholders’ Rights Again at the Minnesota Court of Appeals
SJJ attorneys Tim Johnson and Alex Jadin won another important case for Minnesota policyholders today at the Court of Appeals in K & R Landholdings v. Auto-Owners Insurance. Just last year, SJJ won Poehler v. Cincinnati at the Minnesota Supreme Court which held that Minnesota policyholders are entitled to interest on an insurance appraisal award when an insurance company undervalues…
Tips to File a Property Insurance Claim
Though we all like to believe that our homes are going to last forever, the truth is that losses like hail, wind, fire, and theft do happen in our area. Homeowners insurance protects people from having to pay directly for costly repairs when a loss occurs. This is why all homeowners should have an insurance policy. Unfortunately, in times of…
What Not To Do When Filing a Property Insurance Claim
Though you may not realize it, filing an insurance claim is a legal process. Do it correctly and you are more likely to get the funds needed to make necessary repairs to your property. If you don’t, however, you could end up having to pay for repairs out of pocket. Here’s a list of common mistakes to avoid: Don’t clean…
Collecting Interest on an Appraisal Award
In 2017, SJJ won an important case before the Minnesota Supreme Court that allows property owners to collect pre-award interest on insurance appraisal awards in Poehler v. Cincinnati. While the Court found that interest was due on appraisal awards, it did not answer another important question: how much interest is due? Pre-award interest on appraisal awards comes from a Minnesota…