Torts – Negligence in Procuring Insurance Coverage

Appellants challenge the District Court’s determination that they were negligent in failing to procure insurance coverage for the mulch that respondent stored outside and the damages award.  The District Court held that “special circumstances” existed between the parties, imposing a heightened duty on appellants.  The Court of Appeals held that the District Court misapplied the special circumstances doctrine and that the appellants did not breach the ordinary duty of care.  Reversed.

A10-0734 Prairie Wild Enterprises, Inc. v. Bofferding, et al. (Hennepin County)

Click for Full Text