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This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not reflect those of the author’s law firm or the author’s past and present clients. By reading it, no attorney-client relationship is formed. The law is constantly changing and is different in each jurisdiction. If you want legal advice, please consult an attorney. The opinions expressed here belong only to the individual contributor(s). Gregory J. Johnson © All rights reserved 2015.Top Posts & Pages
- Protecting the Dealership's "Front-End" and "Back-End": What Does that Mean?
- Loss of Use: Is the At-Fault Driver's Insurer Required to Provide a "Comparable" Rental Vehicle?
- Auto Dealer-Arranged Financing: When must TIL Disclosures be Provided?
- Leasing, Rentals and Vicarious Liability: An Overview of the Graves Amendment
- Dealership Arranged Financing: The Indirect Auto Lending Process
- The Liability Insurer’s “Hidden” Duty to Defend-- the Obligation to Pay for its Insured’s Affirmative Claims.
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Monthly Archives: August 2014
The Graves Amendment: Does it Shield a Taxi-Cab Company from Vicarious Liability?
By Greg Johnson. Does the federal Graves Amendment apply to insulate taxi-cabs from vicarious liability for the negligence of their drivers? The issue is obviously important in the twelve jurisdictions which by statute impose vicarious liability on the owner of … Continue reading
Posted in BAP, PAP, Rentals, Taxi Cab
Tagged Rental Car Liability, Taxi Cab, Vicarious liability
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Auto Dealer’s Coverage Form: the Difference between “Occurrence” and “Claims-Made” Coverage for Violations of Consumer Protection Laws
By Greg Johnson. In previous posts, I’ve discussed the new Auto Dealers Coverage Form (“ADCF”) policy (“The Comprehensive Guide to the 2013 Auto Dealer’s Coverage Form”), which replaced the Garage Liability form in 2013. One of the most significant coverages … Continue reading
Posted in ADCF Policy, Auto Dealer, Truth in Lending Coverage
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The Graves Amendment: Does it Shield Membership-Based Car Sharing Services from Vicarious Liability?
By Greg Johnson. Does the Graves Amendment apply to membership-based car-sharing companies like Zipcar? In a previous post, I provided an overview of the Transportation Equity Act of 2005 (49 USC § 30106) (a/k/a “Graves Amendment”), a federal law which … Continue reading
Posted in BAP, PAP, Rentals
Tagged Car Sharing Services, Graves Amendment, Rental Car Liability, Vicarious liability, Zipcar
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Auto Dealer Coverage: No Coverage for Violation of FTC Used Car Buyer’s Guide Regulation
By Greg Johnson. In 2013, Insurance Services Office (“ISO”) rolled out its new Auto Dealers Coverage Form (CA 00 25) (“ADCF” policy) The ADCF policy replaces the Garage Liability (“GL”) policy which had been available for decades. One of the … Continue reading
The Graves Amendment: Is an Auto Dealer Vicariously Liable for a Customer’s Negligent Operation of a Loaner Vehicle?
By Greg Johnson. Does the Graves Amendment apply to auto dealerships who provide loaner vehicles to their customers? In a previous post, I provided an overview of the Transportation Equity Act of 2005 (49 USC § 30106) (a/k/a “Graves Amendment”), … Continue reading
Posted in ADCF Policy, Auto Dealer, BAP, Coverage, Duty to Indemnify, PAP, Rentals
Tagged Graves Amendment, Motor vehicle, Vicarious liability
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Odd Federal Graves Amendment Case: to Avoid Vicarious Liability Owner of Vehicle Must Prove its Affiliate was also Free of Negligence.
By Greg Johnson. In Stratton v. Wallace, 11-CV-74-A HKS, 2014 WL 3809479 (W.D.N.Y. Aug. 1, 2014), the court came to an odd result under the Graves Amendment (Transportation Equity Act of 2005 (49 USC § 30106)), a statute intended to … Continue reading
Leasing, Rentals and Vicarious Liability: An Overview of the Graves Amendment
By Greg Johnson. Over the past twenty five years, I’ve represented many companies engaged in the business of leasing or renting vehicles. In the 1990’s, prior to the passage of the Transportation Equity Act (49 USC § 30106) (a/k/a “Graves … Continue reading
Posted in ADCF Policy, Auto Dealer, BAP, Coverage, PAP, Rentals
Tagged Graves Amendment, Motor vehicle, Vicarious liability
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Should an Auto Dealer Insurer Defend an Auto Dealer Against “Intentional” Violations of Credit Sale and Leasing Disclosure Laws?
Introduction By Greg Johnson. Having worked in the consumer finance and insurance coverage arenas for over twenty years, I have frequently been asked whether an auto dealer’s “intentional” or “wilful” violation of a statutory disclosure law, such as the federal … Continue reading
The Comprehensive Guide to the 2013 Auto Dealer’s Coverage Form: “Acts, Errors or Omissions” Coverage for Violations of Federal and State Consumer Protection Statutes Affecting the Auto Dealer’s F&I Department Operations.
By Greg Johnson. In 2013, Insurance Services Office (“ISO”) rolled out its new Auto Dealers Coverage Form (CA 00 25) (“ADCF” policy) The ADCF policy replaces the Garage Liability (“GL”) policy which had been available for decades and retains the … Continue reading
Posted in ADCF Policy, Auto Dealer, Coverage, Miscellaneous
Tagged Acts Errors and Omissions Coverage, Auto Dealers Coverage, Auto Dealers Operations, Consumer Protection Statutes, Equal Credit Opportunity Act, Fair Credit Reporting Act, Federal Odometer Act, Magnusson Moss Warranty Act, Regulation M, Regulation Z, Retail installment sales act, Truth in Leasing, Truth in Lending
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