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Blog2022-03-30T14:38:33-05:00

RECENT ARTICLES

Court Orders Insurance Company to Identify Why it Denied a Claim

By |February 9, 2021|

Discovery disputes in litigation are usually the result of unresolved misunderstandings between the parties over the nature of the issues in dispute. Most often, discovery disputes are and should be resolved without court intervention.  Occasionally, there are bonafide discovery disputes that must be presented to the court for resolution. SJJ recently won a Motion to Compel Discovery ordering an insurer…

Is There a Hidden Deadline in Your Homeowners Policy?

By |January 18, 2021|

In prior posts, we have commented on the standard two-year time limit for suit found in many Minnesota homeowners policies that effectively serves to shorten the time in which you may make a claim for insurance proceeds. The two-year time limit for suit is generally enforceable and acts as a contractual statute of limitation. But, there are other deadlines tucked…

SJJ Secures Another Victory for Policyholders

By |January 8, 2021|

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.  

Minnesota Appraisals

By |October 26, 2020|

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.

Colorado House Bill 1290: Eroding the Failure to Cooperate Defense

By |October 12, 2020|

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. 

SJJ Assists in Major Bad Faith Victory for Policyholders at Minnesota Supreme Court

By |July 30, 2020|

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…

PROTECTING YOUR RIGHTS THROUGH MINNESOTA CONSTRUCTION LITIGATION LAWYERS

By |November 29, 2017|

When you consider your rights as a property owner, they are always at risk. You could try to purchase a new construction home or building or renovate an existing structure from any builder, well-known or obscure, and get less-than-professional results. In this post, we discuss the nature of construction defects and suggest why you might need Minnesota construction litigation lawyers:…

Dial Back, Minnesota: Effects on Homeowners Associations

By |November 25, 2020|

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.

HOA Signage Rules During Election Season

By |October 5, 2020|

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…

The Difference Between Directors & Officers in your HOA

By |July 27, 2020|

It is a common misunderstanding that at a homeowner association, Directors are the same as Officers.  While often these rolls are filled by the same people, this is not always the case and the differences and distinctions can be important. The Association’s Board of Directors (the “Board”) is tasked with managing the day-to-day operation of an association.  The Board is…

Managing Difficult Interactions at Homeowners Associations by Karly Kauf

By |July 10, 2020|

2020 has been an extremely difficult year for nearly everyone across the world. Working together and supporting each other can go a long way towards creating a thriving community. HOA Boards of Directors can have a genuine impact on the community members and can set the tone at the association in order to create a peaceful, cooperative living environment. In…

Proposed Colorado Senate Bill 211 and its Impact on Homeowners Associations

By |June 17, 2020|

The Colorado legislature is back to work following the COVID-19 shutdown and proposing legislation to cease “extraordinary collection actions” through November 1, 2020.  Senators Winter and Gonzales along with representative Herod introduced Senate Bill 211 just 15 days ago on June 1, 2020 and the Bill has already been referred to the Committee as a whole.  This proposed legislation appears…

Turning the Dial: Updated Recommendations and Requirements for HOAs during COVID-19

By |June 10, 2020|

It’s that time of year when common interest communities across Minnesota are starting to open pools and other outdoor amenities. On Friday, June 5, Governor Tim Walz announced Phase III of the Stay Safe MN plan, including a gradual turn of the dial to allow cautious and safe re-opening of certain venues and facilities. Under Phase III of the Stay…

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