2018 Highlights – Fire Loss

  • In a case involving a barn fire in which both liability and damages were vehemently contested by multiple defendants, Pfefferle Kane obtained settlement in a substantial amount by strategically reaching agreements with each of the defendants separately, thereby limiting the target defendant’s ability to capitalize on what had been a unified defense.
  • In a complicated subrogation matter involving a subrogation waiver between a property owner and a general contractor, Pfefferle Kane obtained a substantial settlement in a case involving a construction fire caused by welder’s sparks.  In the face of a summary judgment motion seeking dismissal of all of its client’s claims, Pfefferle Kane argued that Minnesota subrogation law did not adequately address the question before the court as to whether an insurance company may still seek subrogation recovery where its insured does not waive subrogation.

2018 Highlights – Product Defect

  • Pfefferle Kane achieved a favorable early resolution of a product defect case in which a defectively designed product caused thousands of dollars of water damage to a downtown Minneapolis building.
  • Pfefferle Kane successfully obtained a default judgment against a distributor of a defective hoverboard.  Pfefferle Kane attorneys were able to convince the court to enter judgment in the full amount of its client’s damages, an amount which was well-over six figures.

2018 Highlights – Construction Defect

  • Pfefferle Kane obtained favorable summary judgment for a general contractor and its insurer securing payment of the cost of defense and attorney’s fees based upon a valid defense and indemnity agreement in the construction contract between the general contractor and its subcontractor allowing Pfefferle Kane’s clients to recover the cost of defense in the underlying construction defect case as well as a substantial portion of amounts paid to resolve the underlying matter.
  • Pfefferle Kane obtained a favorable summary judgment order in a declaratory case in United States District Court in which an insured sought coverage for damage to underground pipping for which the insured agreed to assume the cost. Adopting the reasoning set forth by Pfefferle Kane, the court dismissed the insured’s claim under the terms of the applicable insurance policy.
  • Pfefferle Kane recently represented a local building owner in a construct defect case involving a severely defective plumbing system. By hiring a team of highly capable experts who meticulously detailed their investigation, testing, and analysis of the cause of the defect, Pfefferle Kane was able to obtain settlement in an amount well in excess of the limits of the contractor’s insurance policy.

Successful summary judgment motion leads to favorable settlement in a declaratory judgment action

The Firm was retained to represent a general contractor in a Declaratory Judgment Action arising out of an insurer’s denial of our client’s tender of defense with respect to an underlying lawsuit involving alleged construction defects. Our client tendered the defense of the underlying action to the insurer based on its status as an additional insured under a policy issued to one of our client’s subcontractors. The underlying construction defect matter settled during the course of the DJA litigation. The parties in the DJA subsequently brought cross-motions for summary judgment. The court granted our motion for summary judgment with respect to the insurer’s duty to defend our client and, while the court determined that fact issues prevented summary judgment on the issue of the insurer’s obligation to indemnify our client completely, the court’s order implied that our client could well be in a favorable position on the indemnity issue should the matter proceed to trial. Based on the favorable summary judgment ruling, the matter was subsequently resolved through mediation with our client and its insurer recovering not only the underlying defense costs, but also a substantial portion of the amount paid to settle the underlying construction defect claim.

Pfefferle Kane LLP welcomes David Watson as an Associate

Pfefferle Kane LLP is pleased to announce David Watson has joined the Firm as an Associate Attorney. Prior to joining Pfefferle Kane, David served as the judicial law clerk for the Honorable Sarah E. Hennesy in the Seventh Judicial District of the Minnesota Judicial Branch. David’s practice will focus on property subrogation, construction litigation, insurance coverage, and insurance defense litigation. Welcome David!

Pfefferle Kane LLP resolves a $600,000 fire loss

Pfefferle Kane LLP negotiated a settlement on a nearly $600,000 fire loss involving a failure in a circuit board of an uninterruptible power supply in a data center for an insurance company in Madison Wisconsin.  Pfefferle Kane LLP was able to achieve a favorable pre-suit settlement after presenting the defense with expert opinions and detailed information with regard to our client’s damages.

Pfefferle Kane LLP reaches mediated settlement on $1.3 million fire loss

Mediated settlement negotiated on a $1.3 million fire loss involving a business in central Iowa.  Despite significant fire damage, the team of experts assembled to investigate the loss were able to determine the cause of the fire and identify the responsible party.  Settlement was achieved by presenting the defense with detailed expert reports and deposition transcripts establishing the defendant’s liability for causing the fire.  Pfefferle Kane LLP had the forensic engineer from the investigation attend the mediation to assist the mediator in understanding the specific cause of the fire and to address any questions or contrary information raised by the defense.