Litigation Trends: Minnesota Court of Appeals Issues Decision On Right To Independent Counsel
06/09/2026
On June 1, 2026, the Minnesota Court of Appeals recognized and expanded an insured’s right to independent counsel based on a conflict of interest between the insurer and the insured. In Fabyanske Westra Hart & Thomson PA v. Western National Mutual Insurance Company, the Court of Appeals held that a “conflict of interest entitling an insured to independent counsel exists when the insurer defends under a reservation of rights and the facts to be determined in the underlying action are the same facts upon which coverage depends.” The Fabyanske decision carries significant implications for insurers, insureds, and attorneys navigating Minnesota’s insurance defense landscape.
