News & Press
New Statutory Changes Have Made Doing Business as an LLCs Easier
The statutes that govern limited liability company (“LLC”) have been updated in total. Chapter 7 of Title 10 now replaces the prior statutes in Chapter 4. Publication when filing Articles of Organization or changing the statutory agent has been changed for some...
read moreLessee/Tenant CERCLA Liability and Due Diligence – The Build Act of 2018 – A New Wrapper on an Old Package
Since Congress enacted the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA or Superfund") 42 U.S.C.A. §§9601 - 9675, the importance of the environmental aspects of due diligence in real estate transactions has become a significant...
read moreMinnesota Supreme Court Rules that Statutory Attorney’s Fees are Capped by the Policy Limit
The question of whether attorney’s fees awarded under Minnesota’s insurance unreasonable denial statute could exceed the policy limits of the policy was recently addressed by the Minnesota Supreme Court in Wilbur v. State Farm Mutual Automobile Insurance Co., 892 NW2d...
read moreWyoming Adopts the Notice-Prejudice Rule
The Wyoming Supreme Court in Century Surety Co. v. Jim Hipner, LLC, 377 P.3d 784 (Wyo. 2016) adopted the notice-prejudice rule. The court also found that any policy exclusion that attempted to displace the notice-prejudice rule was void.
read moreKentucky Supreme Court Establishes Priority of Coverage Positioning for UM Policies
When two or more uninsured motorist policies apply, a question arises as to whether those policies should pro-rate with each other, or one of the policies should be designated as primary, with the other as excess. This issue was addressed by the Kentucky Supreme...
read moreMontana Supreme Court Determines What Standard to Utilize in Approving Consent Settlement Agreements
Recently, the Montana Supreme Court, in a split decision, found that the trial court must utilize an objective standard in considering the value of the claim and the insured’s loss of coverage when it determines the reasonableness of a stipulated settlement entered...
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