Litigation Trends: Minnesota Court of Appeals Issues Decision On Right To Independent Counsel
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.
Welcome R. John Wells
R. John Wells has joined Larson • King as a partner. John is an experienced trial attorney who represents clients in complex litigation involving toxic torts, product liability, transportation, and oil and gas matters.
Welcome Morgan E. Voight
Morgan E. Voight has joined Larson • King as an attorney. Morgan focuses her practice on the defense of professional liability, product liability, and business litigation cases.
Patrick H. O’Neill, III Joins the Partnership
Patrick H. O’Neill, III has joined the partnership at Larson • King, after practicing with the firm as an associate since 2018. Patrick is an accomplished litigator and trial lawyer who focuses his practice on commercial disputes, insurance coverage and bad faith matters, professional negligence claims, and fiduciary litigation.
Welcome Owen J. Palmer
Owen J. Palmer has joined Larson • King as an attorney. Owen focuses his practice on complex torts, construction, and business and commercial litigation.
John Guthmann Awarded Chief Justice Award
Congratulations to Senior Judge John H. Guthmann, recipient of the Chief Justice Award presented by Minnesota Supreme Court Chief Justice Natalie Hudson at the Annual Conference of Judges in December 2025.