August 5, 2019 Storm Deadline
As many of you know, a substantial hail event rolled through the twin cities metro area about two years ago. Most Minnesota insurance policies provide two years from the date of loss to take legal action if the claim has not been resolved. This is a frequently misunderstood topic. The two-year deadline is a deadline to take legal action (a “statute of limitation”). It is not a deadline to simply submit a claim. That is not enough. If the homeowner does not have an extension or tolling agreement (in writing), they have to take legal action to preserve their rights under the policy. If they do not, then their claim will be time-barred and they will not be able to recover additional funds. Appraisal does not toll this deadline. Waiting for material to drop does not toll this deadline. Nothing does other than a written extension or legal action.
If your homeowners do not have an extension, the sooner they contact a lawyer, the more likely we will be able to help. They should not wait until the day before at the risk of losing their insurance benefits.
August 10, 2020 Iowa Derecho Deadline
Along the same topic, the Iowa Derecho event is approaching its one-year anniversary. If you’re doing any work down in Iowa, most Iowa policies have 1 or 2 year limits from the date of loss. The statutory minimum is 1 year, so many policyholders are also coming up on their deadline to take legal action from this event. Again, that is a deadline to take legal action, not just submit a claim. We can help those homeowners secure extensions or take legal action, but the sooner we can talk to them the better.
DLI Wage Investigations
I’ve noticed a recent trend of employee classification investigations by the Minnesota Department of Labor and Industry (DLI) into whether sales representatives are Independent Contractors or Employees. Historically, it’s been okay to classify sales reps as independent contractors as long as they are truly independent. The “nine-factor test” that DLI uses to determine classification can be found here. You’ll want to make sure you’re following that and that your contract includes these factors. There can be pretty stiff penalties and fines if DLI reclassifies someone as an employee.
As always, feel free to reach out with any questions.
7900 Xerxes Avenue South
Bloomington, MN 55431