Outline Of A Conciliation Letter

This letter is a privileged communication subject to the attorney /client privilege; therefore, you must not disclose this letter to anyone else. The purpose of this letter is to provide you with an outline of the legal arguments that you may use at the Conciliation hearing against American National Property and Company.

The procedure of a Conciliation Court varies depending upon which judge you are assigned to that day. However, typically you will check in with the Clerk and you will be instructed to attempt to mediate this matter prior to being called. If you are able to reach a settlement with American National prior to the hearing the Court will instruct you to complete a settlement form and that will be entered in as a judgment from

Typically, in the beginning, what you will do is you will lay out the facts of the case. Try to be concise in your recitation of the facts in order to be mindful of the Court’s time, however, I would use the demand letter that I sent to American National on March 16, 2017 as a reference. You will also make legal arguments and can use this letter to support your analysis. Here you are requesting that the Court award $15,000 to you on the grounds that American National breached the underlying insurance contract and that it must be estopped from failing to reimburse you for that expense. The legal arguments are as follows.

I. American National Breached the Insurance Contract.

a. At the hearing, it is your burden to prove the following:

i. Formation of contract. ii. Your performance any conditions precedent to your right to demand performance from American

The Holthus’s and American National are subject to a valid insurance contract. Insurance policies are similar to other contracts, Minnesota Courts have long held that “an insurance policy is a contract, the terms of which determine the rights and obligations of the contracting parties”. Olsen V. Rugloski, 227 NW2nd. 385, 387, (Minn. 1979). Further, it is well established that general contracts principles govern the construction of insurance policies and the insurance policies are to be interrupted to give effect to the intent of the parties. Tomms V. Milwaukee Ins. Co., 641 NW2d. 877, 879 (Minn. 2002). When the language of an insurance contract is unambiguous, it must be given its plain and ordinary meaning, id. See Medica, Inc. V. Atl Mutual Insurance Co. 566 NW2d. 74, 77 (Minn. 1997); Henning Nelson Construction Co. V. Fireman’s Fund American Life Insurance Co., 383 NW2d. 645, 652 (Minn. 1986). However, because most insurance policies are presented as preprinted forms which a potential insured must usually accept or reject as a whole ambiguity in a policy are generally resolved in favor of the insured. Nathe bros. Inc. V. Am National Firm Fire Insurance Co., 615 NW2d. 341, 344 (Minn. 2000). Lion Finn Services, Inc. V. Illinois Paper and Copier Co., 848 NW2d. 539, 543 (Minn.