Professional Liability

Brownson Norby has substantial experience representing individuals and companies who are defendants in professional liability litigation in state courts. We also represent professionals in licensing matters before regulatory authorities.

At Brownson Norby, our approach in defending professionals is unique and intellectual:

  • Defending professionals is dynamic because our client is sophisticated and often highly involved in the litigation process;
  • Defending professionals frequently involves complex and nuanced questions regarding duty and standard of care; and
  • There is usually a “case within a case” when defending professionals, which adds to the complexity of each case..

We take great pride in our experience and effective defense of professionals.

Brownson Norby has represented the following types of professionals:

  • Architects
  • Engineers
  • ERISA pension plan actuaries
  • ERISA pension plan administrators
  • Risk managers
  • Financial advisors and planners
  • Insurance agents
  • Insurance brokersNurses
  • Real estate agents
  • Real estate brokers
  • Real estate appraisers
  • Surety bond administrators
  • Veterinarians

Our professional liability experience is wide-ranging and deep and constitutes part of our litigation experience throughout Minnesota.

Our attorneys have handled, among other cases, the following

  • Kristi Brownson is North Dakota Portfolio Network Counsel for a group of commercial property and casualty insurers that, among other things, provide coverage to insurance agents and brokers in North Dakota litigation.
  • Robert Brownson has successfully defended professional liability cases involving title insurance agents, surety bond disbursing agents, ERISA pension plan actuaries and administrators, and life insurance agents.
  • The firm is Minnesota Portfolio Network Counsel for a group of commercial property and casualty insurers that, among other things, provides coverage to veterinarians.
  • Aaron Simon is Minnesota panel counsel for a large insurance company that specializes in insuring insurance agents. Aaron is also a frequent writer and lecturer for the Minnesota Independent Insurance Agents and Brokers Association (MIIAB).

Recognition

Memberships

Representative Cases

  • Morgan v. Groveland Condominium Homeowner’s Association: Aaron Simon Successfully obtained summary judgment in favor of condominium homeowner’s association client regarding no duty owed to prevent neighbor’s smoking. Minnesota Court File No. 27-CV-16-12890 (March 2017).
  • Philter, Inc. v. Wolff Ins. Agency, Inc., A10-2230, 2011 WL 2750709, (Minn. Ct. App. July 18, 2011). Aaron Simon successfully defended an insurance agency for a claim of allegedly failing to properly place insurance, with a successful bench trial order of dismissal, which was affirmed by the Minnesota Court of Appeals
  • Business Impact Group., LLC v. Stanton Group, LLC, A09‐2187, 2010 WL 2733390, (Minn. Ct. App. July 13, 2010). Aaron Simon successfully defended Stanton Group, LLC, an insurance agency, in Hennepin County District Court, prevailing on a motion for summary judgment, which was affirmed by the Minnesota Court of Appeals.
  • Rodney Miller v. Daniel Faust, Wright County District Court, Court File #86-CV-11-2741. Aaron Simon successfully defended insurance agent Daniel Faust, prevailing on a motion for summary judgment on behalf of the agent to be dismissed from the case.
  • APM, LLLP v. TCI Insurance Agency, Inc., 2016 ND 66, 877 N.W.2d 34. Kristi Brownson successfully defended TCI Insurance Agency, Inc., prevailing on a motion for summary judgment to dismiss the commercial property developer’s claims against the agency.
  • Swanny of Hugo, Inc. v. Corporate 4 Insurance Agency, Inc., Washington County District Court, Court File #82-CV-12-347. Aaron Simon successfully defended Corporate 4 Insurance Agency, prevailing on a motion for summary judgment to get the agency dismissed from the case.
  • Kelly Danielson v. G.P. Agencies, Stearns County District Court, Court File #73-CV-12-8754. Aaron Simon successfully defended G.P. Agencies in this case prevailing on a motion for summary judgment to get the agent dismissed from the case.
  • Fidelity National Title Insurance Company v. Premier Title Agency, Inc., 1st Title, LLC, Principle Title, LLC, Foundation Title, LLC, Timberland Title, LLC, and Fortress Title, LLC, Hennepin County District Court, Court File #27-CV-10-7189, Bob Brownson successfully defended title insurance agents against a series of claims by a title insurer that they negligently placed title insurance. The case was dismissed.
  • In the Matter of the Arbitration between First National Insurance Company of America (SAFECO), and North American Construction Services, Inc., American Arbitration Association Commercial Arbitration Tribunal, Hennepin County, Minnesota Bob Brownson won an arbitration by a surety bond insurer against a surety construction contract disbursing agent. The arbitrator ruled that the contract allowed no claim and damages against North American Construction Services, Inc., the surety contract disbursing agent.
  • Mary E. Degan Heffelfinger v. Jeffrey Severtson, et. al., Hennepin County District Court, Court File #27-CV-07-17187. Bob Brownson successfully defended a life insurance agent against claims that life insurance annuity contract was improperly placed.

Presentations and Publications

Articles

Aaron Simon Attends PLUS Annual Conference in Atlanta

From November 1, 2017, to November 3, 2017, Brownson • Norby, PLLC Attorney Aaron Simon attended the Professional Liability Underwriting Society (“PLUS”) Annual Conference in Atlanta, Georgia. Aaron is the current PLUS North Central Chapter Steering Committee Chair and was proud to represent his local PLUS Chapter at this national PLUS event.  Close to 1400 insurance professionals from all over Continue Reading

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Professional Liability Errors & Omissions Overview and Case Study

On Wednesday, September 21, 2016, Brownson Norby attorney Aaron Simon presented a Professional Liability Errors & Omissions Overview and Case Study at the Minnesota Independent Insurance Agents & Brokers Association (MIIAB) in Maple Grove Minnesota. View the PowerPoint Presentation here.

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Professional Liability Errors & Omissions Overview and Case Study

On Wednesday, September 21, 2016, Brownson Norby attorney Aaron Simon presented a Professional Liability Errors & Omissions Overview and Case Study at the Minnesota Independent Insurance Agents & Brokers Association (MIIAB) in Maple Grove Minnesota. View the PowerPoint Presentation here.

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Attorney Aaron Simon Publishes on Insurance Agent Liability Mind the Gap

Brownson Norby, PLLC attorney Aaron Simon has authored an article in the September 13, 2016 issue of the Minnesota Independent Insurance Agents & Brokers Association (MIIAB) "be Cutting Edge" newsletter. In the article, titled, Mind the Gap: Agent Liability Exposure When Selling Claims Made Insurance Policies, Aaron advises insurance agents and brokers about the potential problems resulting in potential agent Continue Reading

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Aaron Simon Publishes on Insurance Underwriting and Claims

Brownson Norby, PLLC attorney Aaron M. Simon has published an article in the May 10, 2016 issue of the Minnesota Independent Insurance Agents & Brokers Association (MIIAB) newsletter titled, The Significance of Underwriting in the Claim Process. In his article, Aaron reviews the underwriting and claim processes from the perspective of insurance agents and demonstrates how the two are interlinked. Continue Reading

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