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 , , | Leave a comment

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 | 1 Comment

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

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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

Posted in ADCF Policy, Auto Dealer, Coverage | Tagged , , , | 1 Comment

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 , , | Leave a comment

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

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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 , , | 1 Comment