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Auto Dealer Monthly- Examining the CFPB’s Arbitration RuleLegal experts break down the Consumer Financial Protection Bureau’s new arbitration rule and how it could affect your dealership.
- ‘Father of F&I Menu’ to Hold Court at F&I Think TankGeorge Angus, referred to as the ‘Father of F&I Menu,’ will be at Industry Summit’s F&I Think Tank to take attendees down F&I’s memory lane during a special lunchtime address. They will be entertained and enlightened, as this legendary trainer shares the good, the bad, and the ugly of the F&I profession.
- Swapalease: Lease Credit Approvals Fall in JulyThe car lease marketplace attributed the dip in approvals to a combination of factors, including a higher volume of credit-challenged lease applicants and a higher number of applicants looking for vehicles in higher-priced categories.
- 6 Legal Challenges for California DealersCalifornia auto dealers and their employees are on a litigation collision course. Attorney lists six problem areas to discuss with counsel.
- AmTrust Names Jackie Banks Vice President of Reinsurance for Special Risk DivisionThe former reinsurance executive for Allstate Dealer Services will be responsible for all aspects of reinsurance for AmTrust’s Special Risk division, including sales support, training and development of staff, as well as general management responsibilities.
- TransUnion: Auto Originations Fall for Third Consecutive QuarterFirst-quarter auto loan originations declined 2.9% from the year-ago period to 6.73 million in the first quarter, the third consecutive quarter of year-over-year declines and the first decline in origination growth in any first quarter since 2010. Officials attribute the drop to the subprime retreat.
- CNA National Welcomes New CIOFormer Pacific Specialty and Marsh Inc. executive Jim Lee has joined CNA National Warranty Corp. as the company’s new chief information officer.
- Westlake Financial Now Using Equifax’s Dealer Intelligence PlatformEquifax’s TradeSight allows finance sources to analyze originations, current and future dealer partners, and performance of finance contracts booked through dealer partners. The platform works by combining Equifax’s consumer credit information with dealer and vehicle data from third-party data sources.
- 'Total Loss Protection' at Center of NY Dealer's $298K Settlement With State AGThe office of New York Attorney General Eric Schneiderman announced that Nissan of New Rochelle will pay $298,211 in restitution, penalties and fees to settle claims the dealership charged hundreds of car buyers thousands of dollars for an ‘unwanted and bogus’ theft-deterrent product.
- Ziegler Joins Compliance Summit Roster as Keynote SpeakerTrainer, author, forecaster and industry firebrand Jim Ziegler will deliver the keynote address at the upcoming Compliance Summit.
- Examining the CFPB’s Arbitration Rule
- Auto Rental News
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- Insurance Journal
- Brightway Chairman Miller Announces Changes to Top Leadership PositionsBrightway Insurance Co-Founder and Chairman David Miller has announced he will transition to executive chairman and Michael Miller, formerly vice chairman and co-founder, will take over as chairman of the Florida-based company. David Miller announced the change in the company’s …
- Seeman Holtz Acquires Agency Acquisitions LLC in TexasSeeman Holtz Property & Casualty Inc. has acquired Agency Acquisitions LLC, headquartered in Arlington, Texas. Agency Acquisitions specializes in trucking insurance. Seeman Holtz said the acquisition will add a niche service to its portfolio and broaden its client reach throughout …
- Judge Divides $100K Insurance Payout to Victims of 2015 Oklahoma Parade CrashA Payne County judge has distributed $100,000 in insurance money to victims of a 2015 homecoming parade crash at Oklahoma State University that killed four people and injured dozens more. Associate District Judge Stephen Kistler was tasked with deciding how …
- As Congress Eyes Flood Insurance Renewal, Private Markets Get ReadyUnleashing the invisible hand that has been missing from the flood insurance market for nearly 50 years is no easy task. But private flood insurance experts say the change would be a good thing not only for private flood insurers …
- 2 Nebraska Contractors Routinely Sue Insurers for Not Paying Storm DamageTwo Omaha contractors are expanding a legal strategy they say forces insurance companies to pay for storm damage, but industry officials say the practice leads to exaggerated claims and may drive away insurers. Home repair contractors Steve Shannon and James …
- Trial Over Bias Claim Against Kansas Secretary of State Kobach’s Office BeginsA former employee in Kansas Secretary of State Kris Kobach’s office alleges in a lawsuit headed to trial on Aug. 21 that she was fired because she didn’t go to church enough. Kobach — who until the middle of 2016 …
- Time to Submit Louisiana Flood Insurance Form Winding DownLouisiana residents who had damage from last summer’s widespread flooding have two weeks to submit the proof of loss form required for a flood insurance claim. FEMA says more than 29,600 claims have been filed with the National Flood Insurance …
- Michigan WWII Bomber Site Gears Up for Driverless Demos in DecemberSelf-driving cars will begin taking test laps this December on the site of a famous World War II airplane factory in Michigan where Rosie the Riveter helped produce a shiny B-24 Liberator bomber every hour more than seven decades ago. …
- DOXA Insurance Holdings Names Wall as Chief Financial OfficerDOXA Insurance Holdings LLC, a Midwest-based private equity investment firm acquiring medium to small managing general agencies (MGAs), has appointed Kevin Wall as the company’s new chief financial officer (CFO). A CPA, Wall’s prior experience includes serving as finance director …
- Evacuations Ordered for Hundreds of Residents in California, OregonEvacuation orders affecting hundreds of people were issued in California and Oregon as wildfires neared small towns, including one that’s a prime location for viewing the eclipse. About 600 residents were told to leave the tourist town of Sisters, Oregon, …
- Brightway Chairman Miller Announces Changes to Top Leadership Positions
Monthly Archives: June 2010
Negotiated Medical Payments are Collateral Sources says Minnesota Supreme Court
In Swanson v. Brewster, Ct. File AO8-8O6, a decision of the Minnesota Supreme Court released on June 29, 2010, the court held that negotiated-discount amounts—amounts a plaintiff is billed by a medical provider but does not pay because the plaintiff’s … Continue reading
Posted in BAP, CGL, Coverage
Tagged CGL Coverage, Commercial Liability Coverage, Gregory J. Johnson, Insurance Law
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Lost Policies: Burdens of Proof
What happens when you cannot find an old liability insurance policy? Here’s a few ground rules. It is well established that the burden of demonstrating liability coverage rests upon the insured. See, e.g., Domtar, Inc. v. Niagara Fire Ins. Co., … Continue reading
Posted in BAP, CGL, Coverage
Tagged CGL Coverage, Commercial Liability Coverage, Gregory J. Johnson, Insurance Law, Lost Policies
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Pro-Rata Time on the Risk: An Insured’s Contribution Obligation
Wooddale Builders, Inc. v. Maryland Cas. Co., 722 N.W.2d 283 (Minn. 2006) is the leading construction defect case in Minnesota. The case involved several insurers (I represented West Bend) and over eighty separate water intrusion claims. In that case, the court recognized, … Continue reading
Can a Self-Insured Retention (“SIR”) Constitute “Insurance”?
Can a self-insured retention (“SIR”) or large deductible under one policy constitute “insurance” within the meaning of another insurer’s “other insurance” clause? This situation typically arises in cases where the mutual insured (1) is a named insured under a liability … Continue reading
Can a Claims Adjuster’s Conduct/Statements Bar an Insured’s Affirmative Defenses?
Can an insured be estopped to assert a statute of limitations defense based on the conduct or statements of a liability insurance claims adjuster? Possibly. It has been held that a liability insurer can act as the insured’s agent when adjusting claims arising … Continue reading
Posted in ADCF Policy, CGL, Coverage
Tagged CGL Coverage, Commercial Liability Coverage, Construction Defect, Insurance Law
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Minnesota Contractual Risk Transfer Materials (1/2009)
A contract is an agreement in which each party promises to do something for the other party. Usually, one party agrees to provide goods or services while the other party agrees to pay for those goods or services. Unfortunately, during … Continue reading
No CGL Coverage Where General Contractor Leaves in the Middle of Project
In Builders Mutual v. R Design, 2010 WL 2079741 (D.S.C.), a federal district court in South Carolina found no coverage exists under a CGL policy, despite “resulting damage,” when the general contractor performed faulty work and left in the middle of the … Continue reading
