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Livgard & Lloyd is a full service law firm with particular experience in litigation, Social Security disability, estate planning, probate, real estate and business law. We represent individuals and businesses facing legal questions that are enormously important to our clients, their employees and their families. We treat every person as an individual and listen to your specific needs.

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Archive for the ‘Cases’ Category

Livgard & Lloyd client prevails in federal court of appeals

Tuesday, June 21st, 2011

On Friday, June 17, the United States Court of Appeals for the Eighth Circuit, in a published opinion, ruled in favor of our client, Alpine Glass, Inc., a Minnesota auto glass replacement company, in an appeal brought by Farmers Insurance over an arbitration award issued in favor of Alpine.  An arbitrator found that Farmers had breached its insurance policy in short paying Alpine’s glass replacement invoices and awarded Alpine more than $400,000.  The award was originally appealed to United States District Judge Patrick Schiltz who rejected Farmers’ complaints about the award and refused to set it aside.  Farmers then took an appeal to the Eighth Circuit.

The unanimous panel of judges affirmed Judge Schiltz’s order upholding the arbitration award.  It also affirmed Judge Schiltz’s decision that Farmers and Safelite sending out of pricing letters and confirmation faxes does not create a scenario where the glass shop is bound to the insurer’s prices when the shop performs replacement work.  The Eighth Circuit, like the Connecticut Supreme Court in an unrelated case in 2009 and Judge Schiltz earlier in this case, concluded that the insurer’s faxes do not present an offer for what is typically called a “unilateral contract.”  Insurers have recently tried using the unilateral contract defense in responding to short pay actions.  These most recent decisions should put an end to that effort.

Click here to read the Eighth Circuit’s opinion.

 

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Minnesota Supreme Court Rules In Favor of Livgard & Lloyd Clients

Monday, June 14th, 2010

On July 16, 2009, the Minnesota Supreme Court ruled in favor of the firm’s clients in an important case involving the ability of insurance policy holders to assign their insurance benefits for broken auto glass to the company that performs the replacement services. The Supreme Court’s decision reverses two Minnesota Court of Appeals decisions that had invalidated assignments of insurance proceeds. (more…)

Livgard & Lloyd Clients Prevail in Connecticut Supreme Court Decision

Monday, June 14th, 2010

On August 25, 2009, the Connecticut Supreme Court ruled in favor of the firm’s clients in a case involving an effort by insurance companies to limit their obligations to pay automobile glass claims such that the insurers are able to pay less than what their policies require them to pay. The Supreme Court’s decision reverses a Connecticut trial court decision holding that an insurance company could escape liability for paying otherwise valid glass claims by sending out advance reimbursement letters to every glass shop setting forth pricing lower than what the glass companies were charging. (more…)