Randall E. Gottschalk Minneapolis, Minnesota
| Associate | |
| phone | 612 375-5945 (Direct Dial) 866 435-5752 (Toll-free) |
| fax | 612 339-7655 |
| Email Me | |
Randy is an aggressive litigator who has successfully represented clients in the courtroom at both the trial and appellate court levels. He focuses his practice in the areas of first and third-party defense, mechanics' lien matters, and subrogation.
Randy is the Chair of the firm's Insurance Fraud Defense Practice Group, and his first-party practice includes representing insurers in cases involving all types of suspect insurance claims, including no-fault, theft, and fire claims. He has conducted hundreds of examinations under oath on behalf of his insurer clients with excellent results. Randy also prosecuted the district court case and subsequent appeal of Metropolitan Property & Casualty Company v. King, where the Minnesota Court of Appeals agreed with Randy that the express refusal to appear for an examination under oath constituted a breach of the insurance contract, precluding coverage. This decision has been a great benefit to an insurer's enforcement of the examination under oath provision.
Randy's first-party practice also includes providing insurers with experienced management of coverage matters. He has provided a multitude of insurers with coverage opinions on all types of policies, including both personal and commercial lines. Randy has also handled a number of declaratory judgment actions on behalf of his insurer clients.
Randy's third-party practice involves defending clients in a wide array of claims involving automobile accidents, premises liability matters, fire losses, products liability claims, and construction defects. Throughout his career, Randy has achieved significant trial and arbitration experience in defending against these claims.
Randy understands that mechanics' lien matters can be a complicated and technical area of the law. With his experience and knowledge of such claims, Randy is able to efficiently and cost-effectively guide his clients through this complex process. He recently tried to verdict a multifaceted, seven-day mechanics' lien matter resulting in a verdict for his client in excess of $300,000.
Randy's subrogation practice includes representing insurers in recovering amounts paid for workers' compensation, property damage, and no-fault. Randy has also tried and arbitrated a number of subrogation claims with exceptional results.
- Areas of Practice:
- Automobile
- Fire
- Fire Litigation
- Fraud
- General Liability
- Insurance Coverage
- Mechanics' Lien
- No-Fault
- Products Liability
- Property Damage
- Subrogation
- Education:
- William Mitchell College of Law, St Paul, Minnesota,
1998
J.D.
Honors: Magna Cum Laude - University of Minnesota,
1994
B.A.
Honors: Golden Key National Honor Society - Miami Dade Community College,
1986
A.S.
Major: Radiologic Technology
- Published Works:
- "Construction Defect Claims in Minnesota: Coverage and Defense Deskbook", (Contributing Author) Arthur, Chapman, Kettering, Smetak & Pikala, P.A., 2005
- Indemnity vs. Subrogation, A Practical Guide, Automobile Law Update; Arthur, Chapman, Kettering, Smetak & Pikala, P.A., February, 2005
- The Six Year Statute of Limitations Governing Contract Actions Applies to an Insured's Action to Recover No-Fault Benefits, Automobile Law Update; Arthur, Chapman, Kettering, Smetak & Pikala, P.A., September, 2004
- A No-Fault Claimant's Refusal to Appear For an Examination Under Oath Constitutes A Breach of the Contract For Insurance and Precludes the Recovery of Benefits, Automobile Law Update by Arthur, Chapman, Kettering, Smetak & Pikala, P.A., August, 2003
- No-Fault Causation Issues - Is There an End in Sight? (Co-Author), Automobile Law Update; Arthur, Chapman, Kettering, Smetak & Pikala, P.A., February, 2002
- Classes/Seminars Taught:
- Effective Defense of No-Fault Claims, Minnesota State Bar Association, May 2008
- Defending an Insurer at Arbitration, Minnesota State Bar Association CLE, June 2007
- Handling Suspicious No-Fault Claims, Detecting Them Early, Investigating Them Thoroughly and Defending Them at Arbitration, Minnesota State Bar Association CLE, May 2006
- Insurance Fraud, Minnesota Law and Litigation Seminar, Arthur, Chapman, Kettering Smetak & Pikala, 2002