New Federal Reporting Requirements for Business Owners
The newly enacted federal Corporate Transparency Act (“CTA”) went into effect beginning January 1, 2024, which requires, with few exceptions, most all companies to report to the U.S. Treasury certain ...
RECENT ARTICLES
Colorado House Bill 1290: Eroding the Failure to Cooperate Defense
2020 has been a bit of a roller coaster, to say the least. Governor Polis and the Colorado legislature have certainly had their hands full dealing with the pandemic, but nonetheless, they found time to protect policyholders in Colorado by preventing Insurance Carriers from engaging in revisionist history and asserting the failure to cooperate provision as a basis to avoid paying benefits owed under an insurance policy.
Minnesota: HOA Signage Rules During Election Season
As election day rapidly approaches, it is important for homeowner and community associations (HOAs) throughout Minnesota to fully understand their rights and obligations relating to campaigning and campaign materials. While limitations on exterior signs, flags, and other decoration is extremely common at homeowners associations generally, there are laws relating to campaign season that Boards and property managers should be aware…
Colorado Senate Bill 211 Signed into Effect
On June 29, 2020, Governor Polis signed Senate Bill 20-211 into effect. Considering the devastation of COVID-19, Senate Bill 20-211 places a temporary prohibition on extraordinary collectionsactions. This includes “an action in the nature of an attachment, garnishment, levy, or execution to collect or enforce a judgment or debt.” SB 20-211 outlines requirements that a creditor must follow if it…
Tips for Property Owners Beginning Large Construction Projects
When entering into a construction contract it is important that a property owner take measures to protect themselves from possible issues that may arise. The most common disputes between property owners and contractors stem from miscommunication. It may have to do with the scope of work performed, the cost of the project, or the amount of time for completion. Below…
Why Business Owners Need Confidentiality and Proprietary Rights Agreements
At Smith Jadin Johnson, we represent a wide variety of businesses. In doing so, our firm often discovers that clients have key employees that are aware of the business’s confidential information and yet no protections are in place for preserving that information. This creates the risk that a key employee may leave the business and take the business’s confidential information…
SJJ Assists in Major Bad Faith Victory for Policyholders at Minnesota Supreme Court
The Minnesota Supreme Court recently reconsidered the application of Minnesota’s “bad faith” insurance statute. At issue was whether an insurance company has denied a claim in bad faith if it has any conceivable basis to deny the claim at all, or whether a denial must be consistent with what a reasonable insurance company would do with similar facts. SJJ attorneys…
COURT RULES THAT ONE-YEAR RCV DEADLINE IS NOT ALWAYS ENFORCEABLE
RSJ attorney Tim Johnson recently won another important insurance case. In Anderson v. American Family, the homeowner’s insurance policy required that she complete the repairs to her hail damaged house within one year of the storm. Because of circumstances outside of her control, including delays caused by the insurance company, she was unable to complete the work within one year.…
MINNESOTA QUARRY CAUSES LOCAL PROPERTY DAMAGE
Property damage is an unfortunate but often inevitable part of owning a home or operating a business. This is why insurance against weather and other damage is one of the main building blocks of a secure responsibility with a property. A bizarre incident in Minnesota is showcasing a less-common need for reliable property insurance. A quarry in Mankato is having…
INSURANCE PROVIDERS SUED BY MINNESOTA OVER CLAIMS DISPUTES
Homes, cars, possessions – insurance is necessary for a safe, secure lifestyle even without considering medical needs. There are dozens of major insurers that offer hundreds of plans in an effort to offer coverage for every situation. At times, these insurers need extra oversight to make sure this coverage is fair. Minnesota’s commerce commissioner recently fined two insurance companies for…
ELEMENTS OF PROPERTY INSURANCE CLAIMS IN MINNESOTA
When it happens, it feels like nothing will ever be the same. Homeowners and other building owners dread the idea that an event beyond their control could damage or destroy their property. Investments, businesses and personal possessions are all at stake in a disaster. Insurance policies help introduce some relief and predictability into the unpredictable world of real estate ownership.…
AT RSJ WE DON’T JUST ARGUE INSURANCE LAW, WE MAKE IT!
‘s attorneys are on the forefront of changing the law to protect policyholders’ rights. Here are just a few examples of times RSJ helped develop and create new law in the last couple of years: Cedar Bluff v. American Family. RSJ wins a Minnesota Supreme Court case holding that insurance policies provide for a reasonable match between existing and replacement…
SJJ WINS A MAJOR CASE IN THE IOWA COURT OF APPEALS
RSJ attorney Tim Johnson won a case before the Iowa Court of Appeals involving the scope of an insurance appraisal panel’s authority to determine the amount of a disputed loss. Walnut Creek v. Depositors Ins. Co involved a disputed hail claim to a 36 building homeowner’s association. The Association suffered hail damage to the buildings, but the insurance company denied…