If you live in an area where severe thunderstorms and hail are common, you likely have experienced or feared hail damage to your property at some point.
SJJ attorneys Alex Jadin, Tim Johnson, and Jeff Woltjen won a major case at the Minnesota Court of Appeals yet again securing a policyholder's right to interest on an insurance appraisal award.
An insurance policy is a contract that is binding and enforceable on both the policyholder and the insurance company. Within the policy, both parties have certain obligation and duties.
SJJ attorney Chris Drake recently received a great decision from the Colorado Federal Court in connection with an insurance bad faith claim where the insurance company was trying to move the case from State to Federal court. The case was originally filed in state court and later removed by the insurance carrier to federal court. Following the removal, Chris amended the complaint to assert negligence claims against the insurance agent that procured the insurance policy for our client. This amendment ultimately defeated diversity jurisdiction and Chris moved the federal court to put it back in state court where the case belongs. The insurance carrier argued that the amendment was fraudulent and done only for the purpose of defeating diversity jurisdiction. The Court disagreed and determined that the negligence claim against the insurance agent can move forward in light of the relationship between the agent and our client and remanded the case back to state court for disposition.
While most people choose an insurance policy for their home due to the price, it should not be your only consideration. It is equally important to choose the right coverage based upon the types of risks in your geographical area, and to be sure you have high enough policy limits to protect all of your property.
Working Through the Property Insurance Claim Process in Minnesota
When fire damages your home or business, you must think fast and act quickly. You must get your family or employees to safety and summon the fire department to extinguish the flames. Next, you must call an emergency repair contractor, take steps to protect your property, and contact your insurance company.
SJJ attorneys Tim Johnson and Alex Jadin won another important case for Minnesota policyholders today at the Court of Appeals in K & R Landholdings v. Auto-Owners Insurance.
Though we all like to believe that our homes are going to last forever, the truth is that losses like hail, wind, fire, and theft do happen in our area. Homeowners insurance protects people from having to pay directly for costly repairs when a loss occurs. This is why all homeowners should have an insurance policy.
Though you may not realize it, filing an insurance claim is a legal process. Do it correctly and you are more likely to get the funds needed to make necessary repairs to your property. If you don't, however, you could end up having to pay for repairs out of pocket.
In 2017, SJJ won an important case before the Minnesota Supreme Court that allows property owners to collect pre-award interest on insurance appraisal awards in Poehler v. Cincinnati. While the Court found that interest was due on appraisal awards, it did not answer another important question: how much interest is due?