The Insurance Claims Process Part Two: Rules that Insurance Companies Must Follow
Claims Process 102 In my first article I described rules that insured property owners must abide by for a successful claim. In this article I will address rules that insurance companies must follow. Many of these rules are imposed by state law. State law writes part of an insurance policy.[1] The legislature has written form […]
Minnesota trust code – Part Four: Directed Trusts
Directed Trust Introduction. While Section 807 clarifies the trustee’s ability to delegate duties and powers to an agent, Section 808 introduces a new concept to Minnesota law: the “directed trust.” In a directed trust, the trustee is required to follow the direction of an “investment trust advisor,” a “distribution trust advisor,” or a “trust protector,” and the […]
Lobbying by non-profits
The recent Tax Court opinion in Parks v. Commissioner[1] has put the non-profit community on alert of the possible pitfalls involved with lobbying efforts by non-profit organizations. The case highlights the extensive rules and regulations that govern lobbying and political activities by non-profits. In addition, there are different rules depending on the type of non-profit organization that […]
Minnesota trust code: Decanting – Part Three
Decanting Introduction. Decanting is a concept derived from its traditional meaning of pouring a liquid from one container to another. For trusts, the statute introduces a new concept that will allow trust assets to be transferred from one trust to another. Technically it is referred to as the exercise of a trustee’s discretionary distribution authority under the […]
How to Make an Insurance Claim
Claims Process 101 Property owners that make their first insurance claim often feel overwhelmed by the process. This article is the first in a series which is intended to give an overview of the process. In my first installment, I will summarize important obligations property owners hold during the claims process. An insured property owner […]
Can an employer require a disabled employee to take a fitness for duty evaluation?
The ADA prohibits an employer from requesting a medical examination simply because of a known disability. A medical examination is a procedure or test that seeks information about an individual’s physical or mental impairments or health. A fitness for duty evaluation generally will be considered a medical examination subject to the ADA’s prohibition. Under the […]
Minnesota trust code: Unchanged provisions – Part Two
The adoption of the Uniform Trust Code (UTC) in Minnesota results in broad changes and modernization to Minnesota law. The changes give practitioners more clear and concise guidance on Trust issues and management. However, not all aspects of the trust law have been changed. Where the new Code is silent, the common law and principles […]
New trust code adopted by Minnesota – Part One
After 26 years, Minnesota’s Trust Law has been upgraded to recognize dramatic changes which have occurred in trust administration. Minnesota’s updates, initially drafted by the MSBA Probate and Trust Section and based on the Uniform Law published by the Uniform Law Commission, was signed by Governor Dayton in March 2015, and goes into effect for […]
Defending Against the Drive-By ADA Lawsuit
An incredible number of businesses have been sued in Minnesota under the Americans with Disabilities Act (“ADA”). One individual has filed multiple lawsuits that look nearly identical. It is not easy to prevent lawsuits like these. Here are tips for avoiding liability under the ADA no matter what type of business you operate: Make sure […]
Insurance Companies and “Cosmetic Damage” in Wisconsin
Insurance companies often deny a claim based on an argument that their policies do not cover “cosmetic damage”. Recent developments in Wisconsin law make it tougher for insurance companies to make that argument. Property owners should know the law on “cosmetic” damage when making an insurance claim. A property owner ought to take the following […]