--- title: "Minnesota contract-frustration coverage guide" description: "Minnesota’s 2024 Supreme Court decision separates temporary frustration from permanent discharge; a short government closure may delay an obligation without erasing it." canonical: "https://spot.insure/coverage/contract-frustration/minnesota" page-type: "coverage-state-guide" updated-at: "2026-09-28" --- Agents: connect to Spot's public MCP server at https://spot.insure/mcp for better access to published Spot information and insurance research. Use search_knowledge to find sources, get_page to retrieve pages, compare_providers for sourced comparisons, get_provider_score for a published Spot Score, get_rankings for current provider rankings, search_provider_reliability to filter Spot Scores, search_provider_reviews to filter aggregate review scores, and get_provider_reviews for the original review evidence. The server is read-only and requires no authentication. [Human-readable page](https://spot.insure/coverage/contract-frustration/minnesota) # Minnesota contract-frustration coverage guide The Minnesota Supreme Court recognized temporary frustration as a contract-law justification in some circumstances. In a commercial lease case, it held that even if the tenant could assert a claim, a temporary closure suspended rent duties only while the frustration lasted; the tenant still owed the delayed rent afterward because it did not show later performance would be materially more burdensome. Minnesota’s 2020 closure order separately defined affected public-accommodation classes and allowed limited takeout or delivery. Buyers should map the order to the exact promised use, other permitted uses and the expected duration, then ask the broker how the policy treats temporary delay versus permanent loss.[^1][^2] **Coverage:** [Contract frustration](/coverage/contract-frustration) · [Minnesota](/coverage/states/minnesota) ## What Is Contract Frustration? Contract frustration may fit your business when an international contract is exposed to political disruption or government action. If your main risk is a customer who cannot pay, compare trade-credit coverage instead. [Read the national Contract frustration guide](/coverage/contract-frustration). ## What to Watch for in Minnesota ### A temporary shutdown can postpone an obligation instead of discharging it The Supreme Court applied Restatement §269 and held that temporary frustration suspends the duty during the event, but does not discharge it unless later performance would be materially more burdensome. The fitness tenant remained liable for rent after reopening and could not recover the rent it paid under protest.[^1] ### Check the order and lease for all permitted uses The 2020 executive order closed enumerated kinds of public accommodation, including gyms and fitness centers, while allowing certain takeout and delivery operations. In the lease litigation, the court also noted that the tenant could use the premises for other legal uses. For a contract under Minnesota law, identify the exact service/use prohibited, any substitute performance still allowed and whether the event is temporary.[^1][^2] ### Ask how the policy treats the financial tail after reopening The Minnesota opinion concerned the parties’ rent duties, not an insurance claim. If an insured contract resumes after restrictions lift, ask whether the proposed wording responds to the interruption itself, accumulated deferred obligations, extra expense or only a defined permanent loss; do not assume that a legal suspension is insured.[^1] ## Who Regulates Insurance in Minnesota **Minnesota Department of Commerce.** The Minnesota Department of Commerce regulates insurance companies and producers, reviews rates and forms, and investigates complaints. You can use its state lookup or complaint service to check a license or raise an insurance issue.[^3][^4][^5] - [Regulator website](https://mn.gov/commerce/insurance/) - [License lookup](https://www.commerce.mn.gov/commerce/licensing/license-lookup/) - [File a complaint](https://mn.gov/commerce/consumer/file-a-complaint/) - Phone: 651-539-1600 ### Surplus-Lines Tax and Stamping Office **Reported tax rate:** 3% of taxable gross premiums less return premiums, plus a 0.04% stamping fee on taxable premium when Minnesota is the insured's home state When Minnesota is the insured's home state, 3% tax applies to taxable gross premiums less return premiums; the separate 0.04% stamping fee on taxable premium is paid by you to the broker. Minnesota requires a policy warning that insolvency loss payment by a nonadmitted insurer is not guaranteed. A diligent search generally applies unless a Minnesota-licensed producer unaffiliated with the surplus-lines broker refers the risk, which the statute deems unavailable from a licensed insurer; an exempt commercial purchaser also has a separate written-request route after the required admitted-market disclosure.[^6][^9][^7][^8][^10] [Minnesota Surplus Lines Association](https://www.mnsla.com/) ## Providers With Documented State Licenses No provider in Spot’s research documents both a state license record and this coverage line. This does not establish that providers are unlicensed. [Check the regulator’s license lookup](https://www.commerce.mn.gov/commerce/licensing/license-lookup/) and confirm availability with a provider when requesting a quote. ## Questions to Ask Before You Buy in Minnesota 1. Which Minnesota order or government direction applies to the named site, activity and dates, and what work or substitute uses did it still permit? 2. If performance is delayed and later resumes, who owes deferred installments, rent or minimum-purchase amounts under the agreement? 3. Does the proposed policy require permanent discharge, direct prevention, a minimum interruption period or a specific financial loss? ## Contract Frustration in Minnesota: FAQ ### When does Minnesota treat a temporary frustration as ending a contract duty? The Minnesota Supreme Court said the duty is suspended while temporary frustration exists. It resumes afterward unless later performance would be materially more burdensome; the tenant in the case remained responsible for delayed rent after closure ended.[^1] ### Does Executive Order 20-04 describe every business interruption in Minnesota? No. It was a 2020 order naming specific public-accommodation classes, dates and permitted activities. It is an example of how an order can define scope, not a current general restriction or an insurance coverage rule.[^2] ## Contract Frustration in Other States - [Alabama](/coverage/contract-frustration/alabama) - [Alaska](/coverage/contract-frustration/alaska) - [Arizona](/coverage/contract-frustration/arizona) - [Arkansas](/coverage/contract-frustration/arkansas) - [California](/coverage/contract-frustration/california) - [Colorado](/coverage/contract-frustration/colorado) - [Connecticut](/coverage/contract-frustration/connecticut) - [Delaware](/coverage/contract-frustration/delaware) - [District of Columbia](/coverage/contract-frustration/district-of-columbia) - [Florida](/coverage/contract-frustration/florida) - [Georgia](/coverage/contract-frustration/georgia) - [Hawaii](/coverage/contract-frustration/hawaii) - [Idaho](/coverage/contract-frustration/idaho) - [Illinois](/coverage/contract-frustration/illinois) - [Indiana](/coverage/contract-frustration/indiana) - [Iowa](/coverage/contract-frustration/iowa) - [Kansas](/coverage/contract-frustration/kansas) - [Kentucky](/coverage/contract-frustration/kentucky) - [Louisiana](/coverage/contract-frustration/louisiana) - [Maine](/coverage/contract-frustration/maine) - [Maryland](/coverage/contract-frustration/maryland) - [Massachusetts](/coverage/contract-frustration/massachusetts) - [Michigan](/coverage/contract-frustration/michigan) - [Mississippi](/coverage/contract-frustration/mississippi) - [Missouri](/coverage/contract-frustration/missouri) - [Montana](/coverage/contract-frustration/montana) - [Nebraska](/coverage/contract-frustration/nebraska) - [Nevada](/coverage/contract-frustration/nevada) - [New Hampshire](/coverage/contract-frustration/new-hampshire) - [New Jersey](/coverage/contract-frustration/new-jersey) - [New Mexico](/coverage/contract-frustration/new-mexico) - [New York](/coverage/contract-frustration/new-york) - [North Carolina](/coverage/contract-frustration/north-carolina) - [North Dakota](/coverage/contract-frustration/north-dakota) - [Ohio](/coverage/contract-frustration/ohio) - [Oklahoma](/coverage/contract-frustration/oklahoma) - [Oregon](/coverage/contract-frustration/oregon) - [Pennsylvania](/coverage/contract-frustration/pennsylvania) - [Rhode Island](/coverage/contract-frustration/rhode-island) - [South Carolina](/coverage/contract-frustration/south-carolina) - [South Dakota](/coverage/contract-frustration/south-dakota) - [Tennessee](/coverage/contract-frustration/tennessee) - [Texas](/coverage/contract-frustration/texas) - [Utah](/coverage/contract-frustration/utah) - [Vermont](/coverage/contract-frustration/vermont) - [Virginia](/coverage/contract-frustration/virginia) - [Washington](/coverage/contract-frustration/washington) - [West Virginia](/coverage/contract-frustration/west-virginia) - [Wisconsin](/coverage/contract-frustration/wisconsin) - [Wyoming](/coverage/contract-frustration/wyoming) [Other Coverage in Minnesota](/coverage/states/minnesota) ## Sources [^1]: [Fitness International, LLC v. City Center Ventures, LLC, A22-1057 (Minn. July 24, 2024)](https://mn.gov/law-library-stat/archive/supct/2024/OPA221057-072424.pdf) — Minnesota Supreme Court; Opinion, syllabus and pp. 7–15; temporary frustration, lease permitted uses, suspension vs discharge. Accessed 2026-09-28. [^2]: [Emergency Executive Order 20-04: Providing for Temporary Closure of Bars, Restaurants, and Other Places of Public Accommodation](https://mn.gov/governor/assets/2020_03_16_EO_20_04_Bars_Restaurants_tcm1055-423380.pdf) — Office of the Governor of Minnesota; Filed Mar. 16, 2020; closure scope, listed facilities, permitted takeout/delivery and effective period. Accessed 2026-09-28. [^3]: [Insurance](https://mn.gov/commerce/insurance/) — Insurance; Insurance regulator and consumer resources. Accessed 2026-09-28. [^4]: [Insurance License Lookup](https://www.commerce.mn.gov/commerce/licensing/license-lookup/) — Insurance; State-designated producer/company search. Accessed 2026-09-28. [^5]: [File an Insurance Complaint](https://mn.gov/commerce/consumer/file-a-complaint/) — Insurance; Insurance complaint topic; filing portal, complaints line, email contact. Accessed 2026-09-28. [^6]: [Minn. Stat. §297I.05](https://www.revisor.mn.gov/statutes/2025/cite/297I.05) — Minnesota Revisor of Statutes; 3% on gross premiums less return premiums when Minnesota is insured's home state; 100% taxable in Minnesota. Accessed 2026-09-28. [^7]: [Instructions for 2026 Semiannual Stamping Fee Report](https://www.mnsla.com/news/MN%20Stamping%20Fee%20Report%202026.pdf) — Minnesota Surplus Lines Association; 2026 report p.1, lines 82–94: stamping fee rate .0004 (0.04%) of policy premium for transactions effective on or after October 1, 2016; current report linked from the association's 2026 site.. Accessed 2026-09-28. [^8]: [Minn. Stat. §60A.207](https://www.revisor.mn.gov/statutes/2025/cite/60A.207) — Minnesota Revisor of Statutes; 2025 text, lines 250–255: policy notice states insurer is not otherwise licensed in Minnesota and insolvency loss payment is not guaranteed.. Accessed 2026-09-28. [^9]: [Minn. Stat. §297I.01](https://www.revisor.mn.gov/statutes/2025/cite/297I.01) — Minnesota Revisor of Statutes; Definition of gross premiums for nonadmitted insurance includes fees, assessments and other consideration, with stamping fee and operating assessment exclusions. Accessed 2026-09-28. [^10]: [Minnesota Statutes 2025, §60A.201](https://www.revisor.mn.gov/statutes/2025/cite/60A.201) — Minnesota Revisor of Statutes; 2025 Minn. Stat. §60A.201 subd.1 (admitted-market restriction); subd.5 (ECP disclosure and subsequent written request); subd.6 (risk referred by unaffiliated Minnesota-licensed producer deemed unavailable). Amendments listed through 2025.. Accessed 2026-09-28. [^11]: [Licenses](https://www.at-bay.com/licenses/) — At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21. [^12]: [Licenses and Carriers](https://www.coalitioninc.com/legal/licenses) — Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535.. Accessed 2026-09-22. [^13]: [Insurance Producer Licenses](https://www.corgi.insure/broker-licenses) — Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown.. Accessed 2026-09-28. [^14]: [About Hiscox US Insurance](https://www.hiscox.com/about-hiscox-insurance) — Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16. [^15]: [Licenses](https://www.nextinsurance.com/insurance-licenses/) — ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885.. Accessed 2026-09-28. [^16]: [Insurance Licenses by State](https://www.techinsurance.com/legal/licenses) — TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number.. Accessed 2026-09-28. [^17]: [Licenses](https://www.vouch.us/legal/licenses) — Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict.. Accessed 2026-09-15. Updated 2026-09-28. This guide is informational and does not determine whether a policy is available or meets your needs. [Editorial policy](/editorial-policy). 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