Department of Labor Issues New Rule Regarding Independent Contractors
One of the biggest issues facing companies, especially in the building and remodeling industries, is whether a worker is an employee or an independent contractor. Companies must grant employees different ...
RECENT ARTICLES
WIN: Insurance Company Must Pay for Depreciation after Litigation Delays
SJJ attorneys Tim Johnson and Brad Hammond recently won a decision in the Minnesota Federal District Court requiring that an ...
Be Prepared: Tax Preparation & Filing
Tax filing deadlines (April 15 for individuals, partnerships, and LLCs; March 15 for S-corporations) are rapidly approaching. With 2022’s financials ...
Ross Hussey Scores Another Trial Win
Ross Hussey recently secured an award after a two-day trial in McCloud County District Court of approximately $230,000 on behalf ...
Colorado Policyholders: A Claim for Unreasonable Delay or Denial of Benefits is a Fight Worth Having
During the course of an insurance company’s adjustment of a claim, policyholders tend to deal only with the insurance adjuster ...
The Minnesota Supreme Court Guts Code Coverage for Policyholders
The Minnesota Supreme Court published its decision in St. Matthews v. State Farm. The case involved whether an insurance company ...
It’s Time to Check Your Beneficiary Designations
Many people hold a good portion of their net worth, including most of their liquid assets, in accounts that have ...
SJJ Forces a Colorado Insurance Company to Participate in Appraisal
In the case of Pallarito vs. American Family, Smith Jadin Johnson attorneys Christopher Drake, Jared McLuskey, and Zac Morgan successfully compelled ...
SJJ Attorneys Anthony Remick and Tim Johnson Secure Minnesota Policyholders Right to Appraisal
An insurance company’s refusal to appraise a disputed loss “was done in bad faith” according to a Minnesota Judge. In ...
Preparing Minneapolis: Does Your Property Have Riot Coverage?
Many insurance policies contain exclusions for damages associated with “civil unrest,” “riot or civil commotion,” “vandalism or malicious mischief,” or other terms meant to exclude the type of damages many Minneapolis property owners experienced as a result of rioting shortly after the death of George Floyd. With, the trial of former Minneapolis Police Office Derek Chauvin’s underway, many local business…
Court Orders Insurance Company to Identify Why it Denied a Claim
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?
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
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.
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.
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…
The Difference Between Directors & Officers in your HOA
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
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
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
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…
Buy/Sell Agreement – A Necessity for Every Privately Held Business with Multiple Owners
A properly drafted buy/sell agreement for privately held businesses with multiple owners avoids the risk of costly litigation that can occur when a co-owner departs from the business. The following scenario is an example of the financial risk in not having a buy/sell agreement in place: A business owner (“Buyer”) needs representation in the buyout of her business partner (“Seller”).…
Eleven Tips to Avoid Litigation
If you are a business owner, you need to make sure that all of your customers, employees, and business contacts are happy. For better or worse, more and more people turn to lawyers when things don’t go the way that they expect. Litigation can be quite costly, both in terms of money and time, so you should do everything that…