Legal Opinion

Schwickert, Inc. v. Winnebago Seniors, Ltd.

Supreme Court of Minnesota

Decided May 27, 2004No. C8-02-1972, C4-02-2083PublishedCited by 18 opinions

1Opinion of the Court

OPINION

HANSON, Justice.

By a certified question contained in an order denying a property insurer’s motion for summary judgment, we are asked whether “the principles of Schmidt v. Clothier, 388 N.W.2d 256 (Minn.1983) apply in a first-party property dispute outside of the personal injury context.” [Schmidt provides a mechanism for an uninsured/un-derinsured motorist carrier to preserve its subrogation rights where the tortfeasor makes a settlement offer to the insured]. Because Schmidt was fundamentally grounded on policies of Minnesota’s No-Fault Act that are not present in first-party property…

2Cases cited31 opinions

  1. Schmidt v. ClothierSupreme Court of Minnesota · 1983
  2. Myers v. State Farm Mutual Automobile Insurance Co.Supreme Court of Minnesota · 1983
  3. Domtar, Inc. v. Niagara Fire Insurance Co.Supreme Court of Minnesota · 1997
  4. Employers Mutual Casualty Co. v. A.C.C.T., Inc.Supreme Court of Minnesota · 1998
  5. John T. Stephens v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1975

26 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. United Prairie Bank-Mountain Lake v. Haugen Nutrition & Equipment, LLCSupreme Court of Minnesota · 2012
  2. Arthur Allen Hogenson v. Michael W. HogensonCourt of Appeals of Minnesota · 2014
  3. General Mills Operations, LLC v. Five Star Custom Foods, Ltd.District Court, D. Minnesota · 2012
  4. Kvidera v. Rotation Engineering & Manufacturing Co.Court of Appeals of Minnesota · 2005
  5. Munoz v. PIPESTONE FINANCIAL, LLCDistrict Court, D. Minnesota · 2007

13 more not listed; retrieve them via the Exa API.

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