Breaking News on Minnesota’s New Subcontractor Law
A recent lawsuit has been filed challenging the constitutionality of Minn. Stat. § 181.723 that passed last year. In the final hour of last year’s session, the Minnesota legislature passed ...
RECENT ARTICLES
Additional Changes to Labor and Employment Laws in Minnesota
In addition to a ban on new noncompete agreements, Minnesota has enacted a number of new laws that affect employees ...
When Should I Submit a Hail Damage Claim?
Many homeowners debate whether or not to submit hail damage claims to their insurance companies. That could be a big ...
Notable Laws Passed in 2023 Affecting Minnesota Community Associations
There have been some recent developments in Minnesota law that are likely to affect Minnesota’s homeowners’ associations and property management ...
Let’s Talk Money: A Creditor’s Guide to Effective and Lawful Communciations
Talking about money is complicated. Individual values, expectations and social norms often drive conversations about money. Talking about owing money ...
The Minnesota Electronic Wills Act
On March 30, 2023, Governor Tim Walz signed the Minnesota Electronic Wills Act, which, as the name sounds and as ...
State of Minnesota Soon to Ban Noncompete Agreements
On May 17, 2023, the Minnesota Legislature passed an Omnibus Labor Bill. If Governor Walz signs the bill, as expected, ...
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.
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…
Covid-19 & Insurance Appraisals
Summertime means insurance appraisals are in full swing in Minnesota. Like many things, the Covid-19 pandemic has caused additional and unexpected issues as individuals wrestle with social distancing and other safety issues.
SJJ ATTORNEY BRAD HAMMOND BRINGS HOME A TRIAL WIN
In a very aggressive move, Auto-Owners Insurance sued its own policyholder in an attempt to avoid making payment on an appraisal award. When the claim began, Auto-Owners found wind damage to the policyholders’ commercial buildings in Wisconsin. Then it hired an “expert” who said that the wind damage was man-made and denied the claim. When the policyholders invoked appraisal to…
When do I get an attorney involved in my insurance claim?
Most homeowners have little to no experience with property insurance claims. Many of us haven’t experienced accidental damage to or loss of our property because catastrophic events like house fires or wind and hailstorms don’t happen very often. And even when they do, many people avoid making insurance claims out of concerns about how that will affect their insurance premium…
SJJ Prevails again at the Minnesota Supreme Court!
In Oliver v. State Farm Fire and Cas. Ins. Co., a case recently decided by the Minnesota Supreme Court, SJJ attorneys Alex Jadin and Tim Johnson brought home another big win for insurance policyholders. In the Oliver case, an insurance company (State Farm Fire and Casualty Insurance Company) sought to avoid its obligation to pay interest rightfully owed to a…
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…
MCIOA Amendment Brings Ease to Common Interest Communities
On Saturday May 16, 2020, Governor Walz signed into law a much-needed update to the Minnesota Common Interest Ownership Act (“MCIOA”) making governing document updates and amendments easier. Importantly, these updates apply to all common-interest-communities in Minnesota, even those that are otherwise are not subject to MCIOA.
COVID-19 and the Need for Electronic Meetings
COVID-19 and the related stay-at-home orders have brought to light challenges to common interest community associations. One issue that has come up often is how HOAs should conduct board meetings and member meetings in a way that protects the safety and welfare of its members while also ensuring that the association can continue to operate. Board Meetings Minnesota non-profit corporations,…
Should HOAS require background checks for renters?
Background checks have long been used as a way for owners wishing to lease their units to determine who may rent their property. However, this practice has recently come under fire, as rejecting tenants on the basis of their criminal history may violate state and federal discrimination laws. With that in mind, how should homeowners associations handle background checks for…
Court of appeals upholds material matching exclusion in Minnesota policy
In an opinion issued today by the Minnesota Court of Appeals, it upheld an insurance company’s exclusion against repairing a policyholder’s hail-damaged property with reasonably matching materials in Pleasure Creek vs. American Family. The Court relied heavily on the recent decision from the Federal 8th Circuit in Noonan v. American Family that upheld a similar exclusion. In relevant part, the…