Alyssa Johnson

Alyssa handles Yost & Baill’s Minnesota automobile subrogation practice. As an associate, Alyssa regularly corresponds and negotiates with attorneys and insurance companies. A significant portion of her practice is devoted to trying cases in both District and Conciliation Court.

Alyssa attended Mitchell Hamline School of Law, in Saint Paul, Minnesota where she graduated after two and a half years of education. While in law school, Alyssa was a Student Attorney for the 1st District Public Defenders Office and the, Mitchell Hamline based, Legal Assistance to Minnesota Prisoners Clinic, where she focused on helping indigent prisoners with civil and criminal issues. Alyssa also volunteered over 120 hours of pro bono legal services through the Minnesota Justice Foundation. Law school further gave Alyssa the opportunity to study abroad at Regent’s University in London, England, United Kingdom under the Chief Justice of the United States Supreme Court, John G. Roberts.

Prior to Alyssa’s transition into automobile subrogation, Alyssa was a Criminal Defense Trial Lawyer, where she earned the honor of being named a Top 40 Under 40 Criminal Defense Attorney in 2019.

Alyssa is admitted to practice in the State of Minnesota, United States District of Minnesota, and Washington District of Columbia. Alyssa is a member of Minnesota State Bar Association, Minnesota Women’s Lawyers, and the Washington District of Columbia Bar Association.

When not practicing law, you can find Alyssa traveling with her husband or spending time with her English Bulldogs, Kevin and Larry.

Education

  • J.D., Mitchell Hamline School of Law
  • B.A., Alderson Broaddus University

Admission to Practice

  • Minnesota State Courts
  • United States District Court, District of Minnesota
  • Washington District of Columbia

Professional Associations & Memberships

  • Minnesota State Bar Association
  • Minnesota Women’s Lawyers Association
  • Washington District of Columbia Bar Association
  • National Association of Subrogation Professionals

Benjamin Sorenson

Benjamin Sorenson serves as lead attorney and manager of Yost & Baill’s Minnesota auto subrogation practice and also handles fire subrogation losses. Benjamin has either directly handled or supervised over 700 claim files from various clients. He has also conducted hundreds of court trials in Minnesota district and small claims courts. In addition, Benjamin has prepared and argued dozens of dispositive motions in Minnesota district court and has appeared in over twenty Minnesota jurisdictions. Benjamin continues to grow Yost & Baill’s auto practice statewide.

Outside of his position at the firm, Benjamin serves as a volunteer firefighter, emergency medical technician (EMT), and fire investigator with the City of Edina, Minnesota. As a firefighter for Edina, he has responded to a variety of calls including structure fires, hazardous material leaks, personal injury accidents, and a countless number of varying medical calls. He also assists the Edina Fire Investigations & Inspections Department to determine a fire’s origin and cause as a fire investigator with the City. Benjamin has also served as a member of the Hennepin County Fire Investigation Team, which investigates structural fires throughout Hennepin County in cities which do not employ full-time fire investigators.

Benjamin earned his juris doctorate degree from Hamline University Law School. While at Hamline, Benjamin clerked for the Honorable Gregg E. Johnson, Minnesota District Court, 2nd Judicial District. During that time, he also worked for the University of Minnesota School of Dentistry in its insurance department as an accounts auditor. After graduating from law school, Benjamin worked for a local consumer bankruptcy firm for over two years until he joined Yost & Baill.

Benjamin is a member of the National Association of Subrogation Professionals (NASP). At the 2014 National Conference in Orlando, FL, along with fellow Yost & Baill attorney Kelly Micheletti, he gave a presentation titled “Speak Softly & Carry a Black Pen: Negotiation with Pro Se Defendants.” Benjamin also wrote an article in the Spring/Summer 2014 edition of the NASP Subrogator, which highlighted and discussed reaching settlement with pro se defendants in auto subrogation cases.

Outside of Yost & Baill and the Fire Department, Ben enjoys spending time with his family, Italian cooking, and reading history books. He also stays active by swimming, playing racquetball, and kettlebell training.

Education

  • J.D., Hamline University School of Law
  • B.A., University of Minnesota, with Distinction

Admission to Practice

  • Minnesota State Courts and United States District Court, District of Minnesota

Honors & Awards

  • Past Commissioner for the City of Brooklyn Park Charter Commission

Professional Associations & Memberships

  • Hennepin County Bar Association
  • Minnesota State Bar Association
  • Federal Bar Association
  • International Association of Arson Investigators, Minnesota Chapter

Presentations

  • 2014
    NASP Annual Conference – Orlando, FL. “Speak Softly and Carry a Black Pen: Settling with Pro Se Defendants,” co-presenter with Kelly Micheletti

Kelly Micheletti

Kelly Micheletti’s practice is dedicated primarily to civil litigation of large property subrogation losses in the areas of products liability, construction defects, and general torts. Kelly serves as national counsel on Corrugated Stainless Steel Tubing (CSST) litigation for a national insurance carrier.   Currently, Kelly is serving as managing partner of Yost & Baill.

Kelly began her career with Yost & Baill managing the auto subrogation practice. She transitioned onto the property subrogation team, while continuing to manage the auto subrogation practice. Prior to joining Yost & Baill, Kelly served as a clerk to the Honorable Anne K. McKeig, Minnesota District Court, 4th Judicial District for both Criminal Court and Family Court. Justice McKeig is now an associate justice of the Minnesota Supreme Court.  Kelly also previously clerked for the Hennepin County Attorney’s Office in their Child Protection Division. Kelly received her juris doctorate degree from the University of St. Thomas School of Law.

Kelly is an active member of the National Association of Subrogation Professionals (NASP). She has given a number of presentations at national NASP conferences on topics ranging from complex damages in auto subrogation to direct and cross examination tips. Kelly has also served as a conference co-chair for the 2013 NASP Litigation Skills Conference, and authored an article in The Subrogator entitled “Understanding Complex Damages in Auto Subrogation Cases and How to Prove Them.”  Recently, Kelly was nominated to serve on the Board of Directors of NASP.

Outside of her practice with Yost & Baill, Kelly serves as a volunteer attorney with the Children’s Law Center.  She also serves on the University of St. Thomas School of Law Alumni Board as a Director.

Kelly lives in the west metro with her husband and two daughters. She is an avid Badgers football fan, and a mediocre Vikings fan. Kelly loves downhill skiing, and was a ski instructor for a number of years before realizing it wouldn’t pay the rent. During the summer, you can find her out on the lake with her family and friends.

Education

  • J.D., University of St. Thomas School of Law
  • B.A., University of Wisconsin

Admission to Practice

  • Minnesota State Court
  • United States District Court, District of Minnesota

Leadership

  • 2019-2021 Board Member – University of St. Thomas School of Law Alumni Advisory Board
  • 2019-2021 Board Member – NASP
  • 2013 Co-Chair for NASP Subrogation Litigation: Skills and Management Conference
  • 2012 Annual Conference Auto Track Chair
  • Member, NASP CSRP Committee
  • Board Member, Director of the University of St. Thomas School of Law Alumni Advisory Board, 2008-2012
  • Board Member – Young Professionals Board for Treehouse, a non-profit organization offering support to hurting teen and their families

Professional Associations & Memberships

  • National Association of Subrogation Professionals
  • Hennepin County Bar Association
  • Minnesota State Bar Association

Presentations

  • 2020
    Presentation at Progressive Insurance.
  • 2018
    Webinar Presentation – Progressive Insurance. “Economic Loss Doctrine Nationwide”
  • 2014
    -NASP Annual Conference – Orlando, FL. “Speak Softly and Carry a Black Pen: Settling with Pro Se Defendants,” co-presenter with Benjamin Sorenson
    -Iowa Symposium – West Des Moines, IA, “Subrogating Corrugated Stainless Steel Tubing Losses”
  • 2013
    -Webinar presentation for NASP, “Proving Complex Damages in Auto Subrogation Cases”
    -NASP Subrogation Litigation: Skills and Management Conference, Austin, TX. “Direct and Cross Examinations”
  • 2012
    NASP Annual Conference – Las Vegas, NV. “Proving Complex Damages in Auto Subrogation Cases, co-presenter with Leann Dionesotes from State Farm”

Publications

  • “The CSST Dream Team: Litigating Corrugated Stainless Steel Tubing Failures and the Ideal Expert Witness Roster,” co-authored with David Taylor, Fall 2017, Subrogator
  • “Understanding Complex Damages in Auto Subrogation Cases and How to Prove Them,” co-authored with Leann Dionesotes, Winter 2013, Subrogator

Michelle D. Hurley

Michelle Hurley’s practice is dedicated in large part to national civil litigation of property subrogation losses in the areas of products liability, with an emphasis on agricultural implements, construction defects, and general torts. Michelle is widely regarded as a leading authority in no-fault indemnification claims in Minnesota and no-fault and med pay subrogation across the United States. There are few attorneys who are as familiar with Arbitration Forums, Inc.’s rules and procedures as Michelle.

In addition to trying cases in front of judges and juries, Michelle has also argued in front of the Minnesota Court of Appeals and Minnesota Supreme Court. In Paul v. Holmgren, 2012 WL 2368878 (Minn. Ct. App. June 25, 2012), Michelle successfully argued that a homeowner could pursue an insurance agent for negligent procurement of a policy. In American Family Mut. Ins. Co. v. American Auto Ass’n, 2013 WL 656493 (Minn. Ct. App. Feb. 25, 2013), Michelle tackled Hawaii no-fault law, and convinced the Court of Appeals to uphold the decision of the district court which ruled that a release signed by the insured, which did not duplicate no-fault benefits paid by the insurer, could not bar a no-fault subrogation claim against a tortfeasor’s insurer. In re Estate of Hanowski, 2015 WL 5664905 (Minn. Ct. App. September 28, 2015), Michelle convinced the Court of Appeals to reverse a trial court’s order the repayment of family allowance. Finally, Michelle had the honor of arguing in front of the Minnesota Supreme Court. Although the Supreme Court affirmed the Court of Appeals decision to vacate an arbitration award on a no-fault indemnification claim, Michelle was able to convince the Court to create an exception for no-fault indemnification claims involving a municipality immunity defense only, rather than the sweeping exclusion set forth by the lower court. See Fernow v. Gould, 835 N.W.2d 9 (Minn. 2013).

Before joining Yost & Baill as an associate, Michelle previously practiced personal injury litigation and arbitrated first-party No-Fault claims at a metro-area law firm. Michelle earned her juris doctorate degree from the University of Iowa, College of Law.

Michelle has been a member of the National Association of Subrogation Professionals (NASP) since 2005. She has given a number of presentations at national NASP conferences, usually focused on national no-fault subrogation and arbitration.

When not working, Michelle enjoys spending time with her family and friends, including her husband, Dustin, her daughter, Claire, twins, Colin and Eleanor, and son, William.

Education

  • J.D., University of Iowa, College of Law
  • A.B., University of Georgia, Athens

Admission to Practice

  • Minnesota State Courts
  • Iowa State Courts
  • Nebraska State Courts
  • Wisconsin State Courts
  • United States District Court, District of Minnesota
  • United States District Court, Northern and Southern Districts of Iowa
  • United States District Court, District of Nebraska

Honors & Awards

  • Named Rising Star Attorney by Minneapolis St. Paul Magazine, Law & Politics Magazine and Twin Cities Business, 2008 and 2010

Professional Associations & Memberships

  • National Association of Subrogation Professionals

Presentations

      • 2019
        -American Family Insurance – Eden Prairie, MN. “Understanding No-Fault Subrogation and Indemnity”
      • 2018
        -Progressive Insurance Company. “No-Fault and MedPay on the Road: How to Turn a ‘No’ Subro State into a ‘Yes’ Subro State”
        -Webinar Presentation – Progressive Insurance. “Economic Loss Doctrine Nationwide”
      • 2017
        -Webinar for Allianz – “Understanding No-Fault Subrogation and Indemnity”
        -Western National Mutual Insurance Company, Edina, MN. “Minnesota No-Fault Subrogation and Indemnity: Minnesotans On Vacation”
      • 2016
        American Family Insurance – Eden Prairie, MN. “No-Fault & MedPay Subrogation: How We Do It in the Great Midwest”
      • 2014
        -NASP Annual Conference – Orlando, FL. “Cross Country Driving: How to Turn a ‘No’ Subro State Into a ‘Yes’ Subro State”
        -Iowa Symposium – West Des Moines, IA. “Med Pay & Arbitration” and “Building Collapses During Construction”
        -Western National – Edina, MN. “Understanding No-Fault Subrogation and Indemnity”
      • 2013
        Farm Bureau – West Des Moines, IA. “Unique Challenges Faced in the Word of No-Fault Subrogation”
      • 2012
        NASP Webinar. “Tips for Winning at Arbitration”NASP Annual Conference – Las Vegas, NV. “No-Fault Subrogation Across the United States”
      • 2011
        -NASP Annual Conference – Orlando, FL. “Auto Meets Health: Panel Discussion Re: Coordinating Health/PIPMedPay Claim”
        -NASP Annual Conference – Orlando, FL. “Residential Window Installation: -Elements of Subrogation”
        -State Farm Insurance Company – Mendota Heights, MN. “Understanding No-Fault Subrogation & Indemnity”
        -American Family Insurance Company – Eden Prairie, MN. “Understanding No-Fault Subrogation & Indemnity”
      • 2010
        -NASP Annual Conference – Dallas, TX. PIP “Contentions and Arbitration: In It To Win It!”
      • 2009
        -NASP Annual Conference – Colorado Springs, Co. “Nightmare No-Fault Scenarios”
        -NASP Subrogation Litigation: Skills and Management Conference – St. Petersburg, FL. “Arbitration for Lawyers”
        -NASP Subrogation Litigation: Skills and Management Conference – St. Petersburg, FL. “Presenting Your Case to Arbitration Forums: Avoiding Common Pitfalls”
        -Western National Mutual Insurance Company – Edina, MN. “No-Fault Indemnity”
      • 2008
        -NASP Annual Conference – Hollywood, FL. “Unique Challenges Faced in the World of No-Fault Subrogation”
        -NASP Annual Conference – New Orleans, LA. “No-Fault Subrogation Across the United States”
        -NASP Minnesota Chapter Meeting. “Identifying & Preparing Your File for Recovery of No-Fault Payments”

 

Kudos

      • “Michelle – Thanks a bunch! Thank you so much for all that you have done for me and the kids. You have been simply amazing.” -Kathie, divorce client
      • “Morning, Michelle, congratulations on the [trial] results, and once again I enjoyed the opportunity to do battle with you on this one. Adversarial without all the animosity.” -Pat, opposing counsel
      • “Michelle, you make my work life a lot easier. Thanks!” -Gary P., Subrogation Claims Manager
      • “I love Yost & Baill! Michelle is the greatest!” -Jill, divorce client
      • “Michelle, thank you sooooo much for your patience. Will need your services in the future…thanks again for all your hard work, it is appreciated.” -Derreck, divorce client
      • “Michelle, thank you for ALL the hard work! It is greatly appreciated, and I would like to thank you for paying the attention to all the ‘sometimes crazy’ issues that come up with divorce.” -Derreck, divorce client
      • “Michelle, I just wanted to thank you for helping me with attaining joint physical and legal custody of my children. Thanks to you, I feel I finally have the legal ability to do everything necessary for the betterment of my kids, and no longer be a victim to [my ex’s] whims.” -Josh, family law client

Anamarie Reyes Kolden

Anamarie Reyes Kolden’s practice is devoted to civil litigation of property subrogation losses in the areas of products liability, construction defects, and general torts. Anamarie also represents insurers in all aspects of large loss investigation and subrogation throughout the United States.

In over sixteen years’ experience handing property subrogation files, Anamarie has reviewed, handled, or supervised the handling of over 5,000 files on every subrogation scenario imaginable. She uses her broad experience, research skills and creativity to evaluate subrogation potential in all kinds of losses.

Anamarie joined Yost & Baill as a legal assistant in 1995, supporting the auto subrogation practice. After a short time, she transferred to the small property subrogation group as legal assistant to a partner. Anamarie continued her employment with Yost & Baill while she attended the University of Minnesota Law School, where she received her juris doctorate. Upon graduation, Anamarie served as clerk to the Honorable Thomas W. Wexler, Minnesota District Court, 4th Judicial District, assigned to Civil, Criminal, and Family Court. After a couple of years clerking for Judge Wexler, Anamarie rejoined Yost & Baill as an associate attorney.

Anamarie has been a member of the National Association of Subrogation Professionals (NASP) since 2003. In 2004, she became one of the first attorneys to be awarded NASP’s Certified Subrogation Recovery Professional designation, which involved passing a comprehensive examination on a variety of subrogation related topics. Anamarie has assisted in the re-writing of the Certified Subrogation Recovery Specialists (CSRP) guidebook. She has also given a number of presentations at national NASP conferences on topics ranging from small property subrogation to subrogation against governmental entities.

Anamarie has previously served as a mentor in the Big Brothers Big Sisters. She has served as a mentor for Leaders of Today and Tomorrow (LOTT), a leadership training program for college-age and young professional women, and is also serving as a mentor to law school students through the Minnesota Hispanic Bar Association.

Anamarie has been happily married to her husband Rich for 26 years. Together, they enjoy traveling, hosting dinner parties, trying new restaurants, and spending time with their friends and family. Anamarie and Rich are longtime season ticket holders of the University of Minnesota Gophers and Minnesota Vikings football teams.

Education

  • J.D., University of Minnesota Law School
  • B.A., University of Minnesota

Admission to Practice

  • Minnesota State Courts
  • South Dakota State Courts
  • United States District Court, District of Minnesota
  • United States District Court, Eastern District of Wisconsin

Honors & Award

  • Named Rising Star Attorney by Minneapolis St. Paul Magazine, Law & Politics Magazine and Twin Cities Business, 2005 and 2008
  • Awarded Certified Subrogation Recovery Professional designation by the National Association of Subrogation Professionals, November 2004

Professional Associations & Memberships

  • Member, Minnesota State Bar Association
  • Member, South Dakota State Bar Association
  • Member, Hennepin County Bar Association
  • Member, Minnesota Hispanic Bar Association
  • Member, National Association of Subrogation Professionals

Presentations

    • 2017
      Whitemore Fire Consultants, Inc. Annual Seminar – Prior Lake, MN. “Subrogation Strategies”
    • 2016
      NASP Webinar, “Separating the Wheat From the Chaff: Subrogating Small Property Claims in a Cost-Effective Manner”
    • 2014
      NASP Annual Conference – Orlando, FL. “Small Property Subrogation: Strange Subro – Turn Those Strange Scenarios into Serious Dollars!”
    • 2013
      -NASP Annual Conference – San Diego, CA. “Don’t Miss The Boat! Tagging Along in Class Action Litigation With Your Small Property Claims
      -NASP Webinar, “A Picture Is Worth Thousands of Dollars! Using Photographs Effectively and Maximizing Recovery in Small Subro Claims
      -NASP Minnesota Chapter Meeting – Eden Prairie, MN. “A Picture Is Worth Thousands of Dollars! Using Photographs Effectively and Maximizing Recovery in Small Subro Claims”
    • 2012
      -NASP Annual Conference – Las Vegas, NV. “A Picture Is Worth Thousands of Dollars! Using Photographs Effectively and Maximizing Recovery in Small Subro Claims”
      -Webinar presentation for NASP, “Surviving Small Property Claims”
    • 2009
      NASP Annual Conference – Colorado Springs, CO. “Recovering Losses Due to Employee Dishonesty”
    • 2008
      NASP Annual Conference – Hollywood, FL. “Turning the Tables on General Liability Coverage Denials Featuring Kids Behaving Badly”
    • 2007
      NASP Annual Conference – New Orleans, LA. “Deep Pocket Recoveries Against Local and Federal Governments”

Kudos

  • “Anamarie – thanks so much for all your hard work on [our case] and for the personal delivery of the checks. You really went above and beyond!” -P.D., Subrogation Manager
  • “Jeff and Anamarie: Congrats to both of you for a job well done! So happy to have you in “our corner” of the Subro world.” -Ranae, Subrogation Senior Adjuster
  • “Anamarie, thank you for all the hard work and hours you put in our case…you did wonderfully! Thanks again, Anamarie – Great job!” -Mark & Ann, construction defect clients
  • “Anamarie, thanks for the return reply and detailed overview of the statutes of limitation at issue on this loss…thanks again for your assistance with verifying this information for me.” -Kevin, Senior Customer Claims Representative
  • “Anamarie, I appreciate your hard work on [our subrogation claim]!” -Jamie, Subrogation Attorney
  • “Anamarie, [you told me] exactly what I needed to know. You are terrific. Thank you so very much.” -Leona, Subrogation Representative

David J. Taylor

Dave Taylor manages Yost & Baill’s national subrogation practice, including CSST-related losses and farm equipment losses. Dave is well-known for his expertise in handling claims against large farm machinery manufacturers involving defective combines, tractors and other farm equipment. These claims often involve multi-million dollar losses in industrial farming operations.

Dave is an experienced trial lawyer whose national practice focuses on property damage claims involving product failures, fires and explosions. The subject matter and scope of Dave’s practice often requires him to litigate cases in various jurisdictions throughout the country, navigating big city government centers as well as the nuances of small town courthouses. Although fully capable of trying a case anywhere in the United States, Dave is particularly aware of the value of settling cases for his clients’ bottom line. Over the past 15 years, Dave has developed a recognized expertise in negotiating and securing settlements for his clients both prior to and during the litigation process.

Dave is a cum laude graduate of William Mitchell College of Law where he was a member of the William Mitchell Law Review as well as a National Qualifier for the ATLA Trial Competition. Prior to joining Yost & Baill, LLP, Dave was a Special Assistant United States Attorney for the Western District of Washington, and served as a Captain with United States Army, JAG Corp. Dave uses the skills and temperament learned as federal prosecutor when approaching each subrogation loss he handles. Dave’s training as a federal prosecutor has been particularly valuable in handling plaintiff-type subrogation cases, as both roles require a persistent search for evidence to support your case at trial. Dave served as an Adjunct Professor at the University of St. Thomas Law School from 2008-2020, teaching third year law students critical trial skills in a hands-on clinic type environment.

Dave is actively involved in the National Association of Subrogation Professionals (NASP). He is a frequent presenter at NASP conferences and seminars locally and nationally on all manner of product liability, especially farm equipment failures.

Outside of his practice with Yost & Baill, Dave devotes a significant amount of time providing pro bono legal services to children in the Minnesota state foster care system, through the Minnesota Children’s Law Center. When not working, Dave enjoys spending time with his wife and three kids. Dave is a big fan of the outdoors and takes every opportunity to go camping, hiking and paddling with his family. When winter comes, you can find Dave either hunkering down to watch the Vikings or outside tubing or snowshoeing through the woods with one of his family’s four dogs.

Education

  • J.D. (cum laude), William Mitchell College of Law
  • B.A. (cum laude), University of Wisconsin, Eau Claire

Admission to Practice

  • Minnesota State and Federal Courts
  • Wisconsin State Courts and United States District Courts for the Western and Eastern Districts of Wisconsin
  • Iowa State Courts and United States District Courts for the Northern and Southern Districts of Iowa

Honors & Awards

  • Named Rising Star, Minnesota Law & Politics, 2008
  • Rosalie Wahl Moot Court, Regional Winner and National Qualifier, ATLA Trial Advocacy Competition

Leadership

  • 2012 NASP Iowa Chapter Chair
  • 2011 NASP Track Leader, Property Track

Professional Associations & Memberships

  • Member, National Fire Protection Association
  • Minnesota State and Federal Bar Associations
  • Hennepin County Bar Association
  • Ramsey County Bar Association
  • Wisconsin State Bar Association
  • Iowa State Bar Association

Presentations

  • UPCOMING, November 16 & 17, 2020
    -NASP Annual Conference, “The Top 10 Expectations of Forensic Engineers,” co-presenting with Todd Metzger, P.E. of Shaefer Engineering Inc. and Sarah Wells of Nationwide
    -NASP Annual Conference, “The Twists and Turns of Catastrophic Property Losses: An EGGcellent Example,” co-presenting with Teirney Christenson and Jim Chamberlain of Nationwide
  • 2020
    -“Smart Sessions: Topics and Trends That Matter – It Takes a Village” co-presenter with Steve Hamilton, P.E., IAAI-FIT, CFEI, Crane Engineering, Part of ESI
    -Webinar, “Investigating Claims During COVID-19,” co-presenter with Andrew Paris, Principal Electrical Engineer, Jensen Hughes
  • 2018
    -NASP Subrogation Litigation: Skills and Management Conference – New Orleans, LA. “Subrogation of Agricultural Property Claims”
  • 2014
    -NASP Annual Conference, Orlando, FL. “Farm Losses: Building and Equipment,” co-presenter with Timothy Poeschl
    -Minnesota NASP Chapter Meeting, Eden Prairie, MN. “Farm Losses: Building and Equipment,” co-presenter with Timothy Poeschl
    -Iowa Symposium – West Des Moines, IA. “Iowa Damage Issues,” “Subrogating Corrugated Stainless Steel Tubing Losses,” and “Farm Losses: Building and Equipment”
  • 2013
    NASP Annual Conference, San Diego, CA. “Construction Equipment Liability: Misused and Defective Products,” co-presenter with Tyler Schwein
  • 2012
    -NASP Annual Conference, Las Vegas, NV. “Hot and Cold Large Losses: Boiler, Chiller and Commercial Dryer Failures,” co-presenter with Charles Keith from Crane Engineering
    -6th ASCE Congress on Forensic Engineering, San Francisco, CA. “Common Legal Doctrines & Insurance Issues Affecting the Forensic Structural Engineer”, co-presenter with Douglas L. Fell, P.E., MASCE and Vladimir Scheglowski, P.E., MASCE of Clark Engineering
    -Presentation at QBE – Sun Prairie, WI. “Large Farm Machinery Losses”
    -NASP Webinar with Randy Watson, C.F.I., C.F.E.I., C.V.F.I. of SEA Limited, “The Continuing Evolution of NFPA 921 and the Legal Consequences”
    -Montana Association of Mutual Insurance Companies (MAMIC) Annual Meeting – Great Falls, MT. “Current Issues in Fire Claims, Investigation and Subrogation,” co-presenter with Chris Rallis
    -PLRB/LFRB Claims Conference and Insurance Services Expo, Orlando, FL. “Subrogation On The Farm”
    -Illinois Association of Mutual Insurance Companies Claims Seminar – Bloomington, IL. “Large Farm Machinery Losses”
  • 2011
    NASP Annual Conference – Orlando, FL. “Plumbing Fitting Failures…Got Bad Brass?”NASP Annual Conference – Orlando, FL. “Large Farm Machinery Losses”
  • 2010
    -NASP Annual Conference – Dallas, TX. Panelist, “PIP Contentions and Arbitration: In It To Win It!”
    -NASP Webinar – “CSST Gas Line Failures”
  • 2009 NASP Annual Conference – Colorado Springs, CO. “Subrogation on the Farm: Combine Fires & Heavy Machinery Fires”

Publications

  • “The CSST Dream Team: Litigating Corrugated Stainless Steel Tubing Failures and the Ideal Expert Witness Roster,” co-authored with Kelly Micheletti, Fall 2017, Subrogator

Nicole M. Kustermann

Nicole Kustermann’s practice involves the litigation and oversight of worker’s compensation subrogation claims across the country. Whether advising and assisting her clients through the recognition and investigation phase of a claim, or taking the necessary steps to perfect, prosecute and settle a worker’s compensation lien, Nicole is a knowledgeable resource in a complex area of the subrogation field. Nicole is proud of the co-counsel and expert witness relationships she has built with attorneys and experts throughout the country and considers these relationships to be a vital component of success for her clients.

Prior to focusing her practice on worker’s compensation subrogation claims, Nicole managed the auto subrogation department at Yost & Baill, LLP, where she successfully litigated and tried cases to judges and juries in state and federal courts. She was awarded the External Customer of the Year award from the Minnesota Fourth Judicial District Court for her efficient handling of hundreds of default judgment cases in the county. Nicole has been recognized as a Rising Star Attorney by Minneapolis St. Paul magazine. She graduated from William Mitchell College of Law, cum laude. Prior to her employment with Yost & Baill, Nicole was a prosecutor for the City of New Hope.

In addition to her subrogation practice, Nicole has devoted many years of service to the National Association of Subrogation Professionals (NASP), a non-profit trade association dedicated to the mission of education for the subrogation industry. Over the years, Nicole has volunteered in a variety of capacities, including serving as a long-time editor of the Subrogator magazine, chair of the Minnesota Chapter and co-author of the Certified Subrogation Recovery Specialists (CSRP) guidebook. Nicole has served several terms on the Board of Directors since 2008; participating on Conference Planning committees, Strategic Planning committees and Nominations committees. She served as the organization’s Secretary, Vice-President,and President. She is a proud holder of the CSRP designation.

In her spare time, Nicole is kept busy with her family: husband, Kyle and two kids, Gavin and Hadley. She has volunteered her time coaching youth softball and baseball and currently serves as the Secretary on the Board of Directors of the Osseo Maple Grove Hockey Association.

Education

  • J.D. (cum laude), William Mitchell College of Law
  • B.B.A. Finance & Marketing, University of Wisconsin-Madison

Admission to Practice

  • Minnesota State Courts and United States District Court, District of Minnesota

Honors & Awards

  • 2010 NASP Board Member of the Year
  • Named 2008 Rising Star Attorney by Minneapolis St. Paul Magazine, Law & Politics Magazine and Twin Cities Business
  • Awarded Certified Recovery and Subrogation Professional designation by NASP
  • Recipient of 2004 External Customer of the Year Award from the Civil Filing Staff at Hennepin County District Court

Leadership

  • Former President of the National Association of Subrogation Professionals (NASP)
  • 2013 Chair of NASP Nominations Committee
  • Former Member of NASP Board of Directors
  • Former Vice-President of NASP
  • Former Board Liaison to Subrogator editorial staff
  • Former Co-Chair of NASP Website Committee
  • Former Secretary of NASP
  • Former Co-Chair, Minnesota Chapter of NASP
  • Former Member of NASP Conference Planning Committees
  • Former member of NASP Committee to re-write manual for Certified Subrogation Recovery Professional designation
  • 2009 Co-Chair of NASP Subrogation Litigation: Skills and Management Conference
  • Auto Track Chair for 2008 and 2006 NASP Annual Conferences and 2008 NASP Subrogation Litigation: Skills and Management Conference
  • Auto Track Co-Chair for 2007 NASP Annual Conference
  • Former multi-year Editor in Chief of NASP Subrogator magazine
  • Former Co-Chair of NASP Website Committee
  • Served on Board of Directors for non-profit organization, Jenny’s Light (www.jennyslight.org)
  • Secretary on Board of Directors of Osseo Maple Grove Hockey Association

Professional Associations & Memberships

  • Hennepin County and Minnesota State Bar Associations
  • National Association of Subrogation Professionals

Presentations

  • 2019
    -Westfield Minneapolis Claims Office, “Worker’s Compensation Subrogation: Perfecting a Claim”
    -Westfield Insurance, “Worker’s Compensation Subrogation: A Review of the Basics”
  • 2017
    -Nationwide Insurance, “Worker’s Compensation Subrogation,” with Jeffrey M. Baill
    -Westfield Insurance, “The Complex World of Worker’s Compensation Subrogation”
    -Nationwide Insurance, “Just When You Think You Have It All Figured Out…Worker’s Compensation Subrogation”
  • 2014
    -NASP Annual Conference, Orlando, FL, “Resolving Worker’s Compensation Subrogation Claims: The Future is Negotiable,” with Heath Sherman and Kristin Papianou
    -Owatonna, MN for Federated Insurance: “Worker’s Compensation Subrogation: Making the Case with Product Liability Claims”
    -St. Charles, IL, for Westfield Insurance, with Jeffrey M. Baill, “Worker’s Compensation Subrogation”
    -Iowa Symposium – Des Moines, IA, “Worker’s Compensation Subrogation in Iowa”
  • 2013
    Des Moines, IA, for Farm Bureau Insurance, “Solving the Worker’s Comp Subro Puzzle”
  • 2012
    -NASP Annual Conference – Las Vegas, NV. “Evaluating and Negotiating Complex Worker’s Compensation Claims: A Workshop”
    -NASP Subrogation Litigation: Skills and Management Conference – Chandler, AZ. “Deposition Preparation”
  • 2011
    -Webinar presentation for Fireman’s Fund Insurance Company, “Worker’s Compensation Subrogation: A Team Approach”
    -NASP Subrogation Litigation: Skills and Management Conference – San Diego, CA. “Direct and Cross Examination”
  • 2010
    NASP Annual Conference – Dallas, TX. “Psst, Don’t Just Hear It Through The Grapevine: Increased Recoveries from the Uninsured” (Co-Presenter)
  • 2008
    NASP Subrogation Litigation: Skills and Management Conference – Las Vegas, NV. “Everyday Customer Service Issues in Auto Subrogation”
  • 2007
    NASP Subrogation Litigation: Skills and Management Conference – Las Vegas, NV. “Managing High Volume Litigation”
  • 2006
    -NASP Annual Conference – Orlando, FL. “Black cow at night, white pig in a snowstorm; When is the farmer caught in the headlights?”
    -NASP Subrogation Litigation: Skills and Management Conference – San Diego, CA. “Auto Subro: A to Z”

Publications

Daniel W. Boerigter

Daniel W. Boerigter has been a partner with Yost & Baill since 2003. His practice is a combination of complex litigation and business counsel. Dan’s litigation practice focuses on property subrogation, including fire, product liability and construction defect litigation throughout the United States. In addition to his property subrogation practice, Dan has extensive commercial litigation experience representing clients in real estate and contract disputes as well as estate and probate litigation. Dan maintains a business law practice focused on representing select individuals and businesses in a variety of matters, including business formation, acquisition, disposition, and real estate sales and leasing. Dan’s long-standing clients continue to rely on him for his sound legal and business advice.

Dan is an experienced trial attorney who has successfully taken many cases to verdict. Dan recently supervised a large and complex multi-state product defect subrogation case that involved numerous claims, multiple experts and hundreds of thousands of pages of discovery. Dan also understands the art of settling cases. Dan recently helped one of his clients obtain an eight figure settlement on the weekend before the start of a jury trial.

Dan received his B.A. degree in Business Administration from Hope College. After spending two years living and working in Western Michigan, Dan found his calling and moved to Minnesota to attend law school. Dan received his J.D. (cum laude) from Hamline University School of Law.

Dan is an active member of the National Association of Subrogation Professionals (NASP), and is currently a member of NASP’s Legislative Affairs Committee. Dan is also a shareholder, Vice Chairman and member of the Board of Directors of SoundOff Signal. SoundOff Signal is a vibrant high-tech manufacturing business with its headquarters in Michigan. Dan’s first-hand business experience gives him a unique perspective that few other lawyers possess.

Dan is a strong believer in giving back to his community. For six years Dan volunteered his time as a Board Member of the Make-A-Wish Foundation of Minnesota. He also served as a Volunteer Member of the City of Roseville Planning Commission for nine years, including three years serving as its Chairman. Dan has been married for over twenty-five years and he and his wife are the proud parents of two teenage boys. Dan has spent countless hours not only coaching youth sports teams in Roseville but also working to broaden access to youth sports. Dan is a founding member of the Roseville Raiders Endzone Club and is actively involved in supporting and promoting the Roseville football program. He has also served as Treasurer and Board member of the Roseville Area Youth Football Association.

Education

  • J.D. (cum laude), Hamline University of Law
  • B.A., Hope College

Admission to Practice

  • Minnesota State and Federal Courts
  • North Dakota State and Federal Courts

Leadership

  • Member, National Association of Subrogation Professionals Legislative Affairs Committee
  • Shareholder, Vice Chairman and member of the Board of Directors of SoundOff Signal
  • Former Board Member of the Make-A-Wish Foundation of Minnesota
  • Former Member of the City of Roseville Planning Commission
  • Former Chairman of the City of Roseville Planning Commission
  • Founding member of the Roseville Raiders Endzone Club
  • Former Treasurer and Board member of the Roseville Area Youth Football Association

Professional Associations & Memberships

  • National Association of Subrogation Professionals
  • Minnesota Bar Association
  • Hennepin County Bar Association
  • Former Chair of the Hennepin County Bar Association Corporate, Business and Franchising Law Section

Kudos

  • “Hi Dan, just wanted to say what a GREAT JOB Steve and you did [at our trial]!!!! Thanks for making a nervous process easier to handle!! Take care!” -Stacy C., insured
  • “Thanks [Steve] for all your and Dan’s work on the case. It was a great result.” -Bob T., subrogation client
  • “I deal with many outside counsel representing sellers [in real estate transactions]. Without a doubt, Dan is among the best I’ve dealt with. He cuts to the chase and is very practical, without ever compromising his client’s rights or positions…I would not hesitate to hire Dan, which is the highest compliment I can give him.” -Ralph, opposing counsel in real estate transaction

David J. Yarosh

David Yarosh’s practice is devoted to the handling of large property subrogation cases, including fire, products liability and construction defect matters throughout the United States. David has tried several cases to verdict before courts and juries throughout the State of Minnesota and elsewhere. Recently, David obtained a six-figure product liability verdict against a major vehicle manufacturer in a complex fire claim. David convinced the jury of his liability theory against the manufacturer, despite the manufacturer’s arguments that it was physically impossible for the fire to occur in the manner alleged. Based on his success against the manufacturer, David continues to serve as co-counsel in other complex vehicle fire cases across the country. David has written an article and given presentations about his experiences as a lead attorney in complex fire litigation to fire investigators, attorneys and insurance professionals.

David has vast experience handling personal injury cases from both the plaintiff and defense perspective, and also represents clients in the handling of business disputes. Finally, David has long been an advocate of the Alternative Dispute Resolution process, as he has presided over nearly 350 cases as a no-fault arbitrator for the American Arbitration Association.

David is a graduate of the University of Minnesota Law School. After clerking for the Honorable Judge Allen Oleisky in Hennepin County District Court, David began his litigation career focusing on insurance subrogation and defense, including a stint at Yost & Baill, where he was in charge of the automobile subrogation practice for several years. Looking to expand his litigation experience, David left Yost & Baill to focus more on insurance defense matters, but eventually rejoined Yost & Baill as a partner.

As a member of the National Association of Subrogation Professionals (NASP) since its inception, David has also been a frequent presenter on other subrogation topics here in Minnesota and at several national NASP conferences over the years.

David and his wife Betsy both grew up and continue to reside in St. Louis Park, Minnesota. They have been ardent supporters of St. Louis Park High School, where David has coached his two girls in basketball and soccer, and where he has volunteered over the years for various fundraisers and worked as a chaperone for school dances and the senior all-night parties. David has always known the importance of athletics and physical fitness in his and his family’s lives. He played football, basketball and baseball in high school, where he was a guard on the St. Louis Park state tournament basketball team in 1979-1980. These days, David still plays basketball, but also enjoys golfing, running and biking. These activities blend with David and Betsy’s love of traveling, which have taken them around the world on active vacations including: a 6 day bike trip in Tuscany, Italy; a hiking and kayaking trip to Viet Nam and Cambodia in celebration of their 25th wedding anniversary; and most recently, a biking, hiking, and kayaking trip to Croatia and Montenegro, all of which were arranged through Backroads, an active travel tour company.

Education

  • J.D., University of Minnesota School of Law
  • B.B.A., University of Wisconsin

Admission to Practice

  • Minnesota State Courts and United States District Court, District of Minnesota
  • United States District Court, Southern and Northern Districts of Indiana

Honors & Awards

  • Named Rising Star Attorney by Minneapolis St. Paul Magazine, Law & Politics Magazine and Twin Cities Business
  • Awarded AV rating from Martindale-Hubbell Law Directory

Professional Associations & Memberships

  • Hennepin County Bar Association
  • Minnesota State and Federal Bar Associations
  • National Association of Subrogation Professionals

Presentations

  • 2016
    NASP National Conference – Colorado Springs, CO. “Efficient Attorney-Expert-Adjuster Relationship Can Improve the Odds of Winning,” co-presenter with Antoine Rios and Bryan Milkent
  • 2013
    NASP National Conference – San Diego, CA. “Stainless Steel Braided Hose Losses – Successful Arbitration and Litigation,” co-presenter with Antoine Rios
  • 2012
    Whitemore Fire Consultants, Inc.’s 15th Annual Seminar, Legends Golf Club, Prior Lake, MN. “The Ford Motor Fix That Failed to Fix the Cruise Control Problem”
  • 2011
    NASP Annual Conference – Orlando, FL. “Auto Product Liability – A Look at Challenges During Trial and How to Avoid”
  • 2010
    NASP Annual Conference – Dallas, TX. Panelist, “PIP Contentions and Arbitration: In It To Win It!”
  • 2009
    NASP Annual Conference – Colorado Springs, CO. “Subrogation on the Farm: Combine Fires & Heavy Machinery Fires”
    Minnesota Continuing Legal Education Speaker – “Subrogation Principals”

Publications

Kudos

  • “Happy New Year Dave [Yarosh], I am pleased with the recovery on this case. I had concerns that the settlement offers would be low enough that we would be asked to more significantly reduce our demand…Thank you for your counsel and this is a good way to start the new year!” -Mark, Subrogation Unit Manager
  • “David, many thanks to you and your firm for having the fortitude to see [our case] through to a wonderful conclusion…a job very, very well done!” -Jay, Subrogation Manager
  • “David [Yarosh], I am extremely pleased with the way you handled this case for us. I appreciate your effort in this recovery, and will not hesitate to recommend your firm to others or to call on your firm again.” -Robert, Insurance Company Manager
  • “David [Yarosh], both of us would like to express our sincere appreciation for the excellent and professional service that you rendered on our behalf. Of the countless number of attorneys we have interfaced with, your services were by far the most outstanding. We believe your expertise, experience and time invested in preparation helped to expedite matters which led to a more smooth resolution of our case. Further, your calm, professional attitude helped to reassure us that the outcome would be favorable.” -James and Marilyn, insureds and clients
  • “Dave [Yarosh], Mavis and I couldn’t be any happier and thankful with how our case turned out. You and the firm really did a bang up job for us with everything.” -Bill and Mavis, personal injury clients