Insurance Recovery Representative Cases
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- After three-and-a-half years of hard-fought litigation, we successfully obtained a settlement of $9.6 million for client St. Jude Medical in St. Jude Medical, Inc., in Medmarc Casualty Ins. Co. v. St. Jude Medical, Inc., No. 07-cv-4034 JNE/JJK (D. Minn).
- We obtained a favorable decision for client Wozniack Travel in its claim for liability coverage for an underlying trademark infringement lawsuit. In General Cas. Co. of Wisconsin v. Wozniak Travel, Inc., 762 N.W.2d 572 (Minn. 2009), the Minnesota Supreme Court held that claims of trademark infringement did fall within the scope of the CGL policy’s advertising injury coverage, establishing new law benefitting other Minnesota policyholders seeking coverage for underlying trademark infringement claims.
- We successfully prosecuted the first environmental coverage case to be tried in Minnesota, obtaining a $1.3 million jury verdict, plus attorney fees and other damages. See SCSC Corp. v. Allied Mut. Ins. Co., 536 N.W.2d 305 (Minn. 1995).
- In John Deere Ins. Co. v. Shamrock Industries, Inc., we were successful in both district and appellate courts in obtaining insurance protection for our client for a suit which had been brought against our client alleging infringement of intellectual property rights. This landmark case is frequently cited by courts and legal scholars.
- In 2005 our manufacturer client was awarded summary judgment by a federal district court that held the insurance company had to defend our client in a product liability lawsuit alleging defective medical devices.
- We represented 3M in the landmark coverage case of Minnesota Mining and Manufacturing Co. v. Travelers Indem. Co., 457 N.W.2d 175 (Minn. 1990).
- After representing our clients in two state-court insurance-recovery cases, we secured payment of $2.1 million for defense costs and indemnification from five insurers for clients involved in patent and trademark infringement litigation in federal court.
- In 1998, we obtained a significant summary judgment regarding policyholder rights under a claims-made policy, in St. Paul Fire & Marine Ins. Co. v. MetPath, Inc., F. Supp. 2d 1087 (D. Minn. 1998).
- Within a space of only four months, and without resorting to litigation, we persuaded an insurer to reverse its denial of a duty to defend in a $15,000,000 construction claim brought against our client.
- We represented many businesses and directors and officers regarding insurance aspects of mergers, acquisitions and other major business transactions, as well as policy renewals, non-renewals and "tail" coverage.
- We convinced two insurance companies in separate cases that they had a duty to defend directors and officers after the insurers had initially denied coverage.
- We instituted a declaratory judgment action against two insurers who initially refused to defend our client in trademark infringement and unfair competition litigation. Both insurers thereafter agreed to take up the defense and reimburse the client for defense costs, including our legal fees and costs in bringing the declaratory judgment action.
- We handled all insurance issues, including selection of defense counsel, in multi-state litigation over a Mexican bus crash that killed and injured numerous passengers.
- We recovered from multiple insurers defense costs in excess of $700,000 that our client had incurred in a trademark infringement case.
- We negotiated several Miller-Shugart settlements which relieved our clients of the risk and cost of defending themselves. In exchange, our clients gave an assignment of their rights against their insurance companies to the person suing them.
- In Hamanne v. Central States, we obtained summary judgment limiting the interest of an ERISA health care plan in proceeds obtained in a personal injury action.