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Home / Insurance / What constitutes "Written Message" to trigger interest in condemnation? | Legal insurance blog about property insurance

What constitutes "Written Message" to trigger interest in condemnation? | Legal insurance blog about property insurance



It has been the subject of many blog posts over the years to determine and calculate interest before judgment. Recently, the Court of Appeal of Minnesota addressed this issue of what triggers statutory interest in the case of Blehr v. Anderson No. A20-0691, 2021 WL 79163 (Minn. App. 11 Jan. 2021). Even if this case arises in connection with an insurance dispute as a result of a car accident, it applies to disputes about property insurance.

In the relevant part, Minn Stat. § 549.09 provides:

Unless otherwise provided in an agreement or permitted by law, the calculation of the prepayment, prior or prior interest on financial damages shall be calculated … from the time the action was initiated or the requirement for arbitration or the time for a written notice of claim, whichever occurs first, expect as set forth herein. The measure must be initiated within two years after a written notice of interest claim has been received from the time of notification.

The Minnesota Court of Appeals in Blehr was faced with determining, as a first impression, what is "written notice". The Court of Appeal finally concluded that Minn. State. §549.09 does not require a requirement for a certain amount of money, but must instead contain sufficient information, in connection with the information known to the person notified, to enable the notified party to determine its potential debt on the basis of a generally accepted objective. measurement standard.

The main deviation from the court's ruling is that the notice itself does not require "a requirement for a certain amount of money." Now it is not enough to say that it is enough to just report a claim. In this regard, it is worth noting that the written claim which sparked interest in Blehr contained more detailed information from the plaintiff's council. The letter, which was informed about the representations, the accident, informed the plaintiff about making a claim and requested information about the policy, including its limits. Even if there is only advice, a loss and requesting a certified copy of the insurance may not in itself be sufficient to trigger a predetermined interest in a property insurance claim, it still leaves the possibility that assessment is triggered by a written demand with less than a final estimate. . Including additional information in the original written notice of the extent and extent of the damage would certainly be a good place to start!


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