Brownson, PLLC Obtains Appeals Court Win in Fire Case

In an opinion issued February 7, 2022, the Minnesota Court of Appeals found in favor of Brownson, PLLC client, a fire insurer, affirming an earlier summary judgment win from the Wabasha County, Minnesota, District Court. The case arose from a fire which destroyed two adjoining commercial buildings. The owner and insurer of one building sued both the owner and Brownson, PLLC client fire insurer of the other, alleging the fire started there from negligent operation and maintenance of a heater.  The Court of Appeals held that in a fire loss based upon negligence, the burden of proof is upon the plaintiff to establish the cause and origin of the fire. The Court of Appeals accepted Brownson, PLLC’s argument that the Fire Marshall’s conclusion that the origin and cause was undetermined, meant that no negligence could be established, but, rather, was speculation.

The appeal was handled by Brownson, PLLC attorneys Joe Lulic and Tim Garvey. The case is, Mark D. Island, et. al. v. Mesa Underwriters Specialty Insurance Co., et. al.,. Minn. Ct. of Appeals, No. A21-0924.

For the Court of Appeals opinion, click here.