Cigna agrees to multi-state regulatory settlement agreement
Cigna companies–Life Insurance Company of North America, Connecticut General Life Insurance Company, and Cigna Health and Life Insurance Company–recently entered into a Regulatory Settlement Agreement requiring Cigna to change its claims handling practices, reassess prior denied claims, pay certain fines, and be subject to future monitoring. Cigna agreed to the RSA following targeted market conduct […]
An introduction to nonmarital property issues in Minnesota
One of the more difficult issues courts have to deal with in a dissolution is how to differentiate marital property from non-marital property. Divorcing spouses often feel that they should be allowed to take out of the marriage everything they brought into the marriage. If the asset is clearly identifiable and separable from the marital […]
Trust, but verify when making a payment bond claim
The Minnesota Court of Appeal’s decision in Safety Signs, LLC v. Niles-Wiese Const. Co., Inc., serves as a cautionary tale to any subcontractor or material supplier when a general contractor’s does not pay for work or materials contributed to a public project. The Public Contractors’ Performance and Payment Bond Act (“the Act”), Minn. Stat. §§ 574.26 to […]
MN Supreme Court insurance claim opinion
Understanding your insurance policies is vital to protecting your business. A recent Minnesota Supreme Court decision changes your rights and responsibilities in a typical commercial general liability (“CGL”) policy. If your business is sued, you should notify your insurer. It may provide an attorney to defend your company in the lawsuit. However, the insurer will […]
Intellectual Property Audit: Finding ways to limit liability and create value
Whether you know it or not, intellectual property is a part of your business. By taking a thoughtful approach, and making a modest upfront investment, you can limit your exposure to potentially damaging claims against your brand and business AND identify ways to monetize these frequently overlooked intangible assets. Failing to identify and properly manage […]
Minnesota’s First-Party Bad Faith Statute: Four Years Old
In effect since August 1, 2008, Minn. Stat. § 604.18 creates a direct cause of action by an insured against its own insurer if the insurer fails to act in good faith. Although four years have elapsed since its effective date, § 604.18 remains substantially undefined by Minnesota Courts. The Minnesota Supreme Court has yet […]
Employee Owners In Closely Held Businesses: Till Death Do Us Part?
Michael Eisner, once said, “It is rare to find a business partner who is selfless. If you are lucky it happens once in a lifetime.” Eisner himself, at least according to Roy E. Disney, was not necessarily a selfless business partner, as his removal from Disney’s chairmanship evidenced. Eisner’s maxim is a good one, however, and […]
Till [the End of the Transition Period] Do Us Part
When a customer is negotiating a license agreement with a vendor, the customer undoubtedly contemplates factors such as how much it will have to pay and when, and what systems, applications and services the vendor will provide in return. While the customer certainly should contemplate these types of issues, due consideration should also be given […]
It’s just semantics, right? How a few words affect your coverage
“What’s the difference between these two additional insured coverage certificates?” Both certificates covered claims for damages “caused in whole or in part by” the insured or someone acting on behalf of the insured. However, one certificate also covered damages “arising out of or caused in whole or in part by . . . .” Either version satisfies […]
Employing the M-I-C-E Methodology to Limit a Limitation of Liability
Limitations of liability come in many different shapes and sizes and they are present in a vast majority of vendor and other commercial agreements. These provisions operate to exclude certain types of damages and place a cap on allowable damages. It is essential for customers to recognize that limitations of liability have the potential to […]