Solvent Workers Comp Insurer Must Pick Up Tab

Minnesota case law summary by Attorney Richard Clem: workers compensation, insolvent insurer.

Seehus v. Bor Son Construction, Inc.. MN workers compensation, insolvent insurer

Workers' Compensation Judge apportioned responsibility for workers' injury as 50% each between two insurers, one of which was insolvent. Solvent insurer argued that Minnesota Insurance Guaranty Association (MIGA) was responsible for insolvent insurer's portion of claim.

The Supreme Court, Dietzen, J., held that MIGA was not liable for claim, and that solvent insurer was solely liable.

No. A09-1388, 783 N.W.2d 144 (Minn. June 10, 2010).

Please see the original opinion for the court's exact language.


Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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