Monthly Archives: September 2014

Minnesota Bad Faith in First-Party Benefits: Recap of Bad Faith Litigation

By Greg Johnson. In 2008, the Minnesota Legislature passed a statute, Minn. Stat. § 604.18, that limits liability for “bad-faith” denial of first-party insurance policy benefits.  This article summarizes the reported case law, all from the Minnesota Court of Appeals and all opinions unpublished. … Continue reading

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Jury Awards Plaintiff $326,000 for Emotional Distress Resulting From Bad-Faith Denial of Claim

A Los Angeles County jury recently awarded a plaintiff a large judgment for a bad faith denial of insurance benefits and emotional distress claim following the insurance company’s failure to provide benefits under its policy. In White v. GEICO Indemnity…

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Known Injury or Damage Exclusion not Applicable in Case of Continuing and Progressive Water Infiltration Resulting from Defective Construction

I recently posted an article, CGL Coverage:  “Known Injuries or Damages” in Minnesota and Beyond”, addressing the “Known Injury or Damage” provision in CGL policies.  In August 2014, the Connecticut Supreme Court addressed the provision in the context of a … Continue reading

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Insurance: Known Injuries or Damages

By Greg Johnson. There has been a tremendous amount of construction defect litigation in Minnesota over the past fifteen years which has had a major impact on both the construction and insurance industries. In an effort to slow the tide, … Continue reading

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The Future (My Guesstimate) Hybrid “Uber-Lyft” Auto Insurance Policy

By Greg Johnson. I’ve recently posted a few articles about transportation network companies (TNCs) and the inroads they are making into the traditional taxi-cab business across the country. (See article one and two).  Tech savvy companies such as Uber, Lyft … Continue reading

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Yikes!! Self-Insured Enterprise Rent-A-Car Required to pay $600,000 on behalf of Renter even though Insurer’s Maximum Liability would have been $50,000.

By Greg Johnson. In Nelson v. Artley, 2014 Ill App (1st) 121681, reh’g denied (July 16, 2014), the court held that a self-insured car rental company (Enterprise) was required to pay a $600,000 judgment against its renter despite the fact … Continue reading

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Uber, Lyft and TNC’s win (Again) in California: New Insurance Requirements Approved

In late August, the California Assembly voted 70-0 to pass AB2293, an Act specifying insurance requirements for transportation network companies (TNC) like Uber, Lyft and Sidecar.  I recently posted an article about the TNC’s victory in Minneapolis (“Uber, Lyft and … Continue reading

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Auto Dealer (Garage) Policy: Wrongful Repossession Claims not Covered

By Greg Johnson. Every once in a while when putting together a blog article, I run across an insurance coverage case that all dealers should know about.  Although not a recent case, North Carolina Farm Bureau Mut. Ins. Co. v. … Continue reading

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The ADCF Policy: The “Auto Dealer Operations” Trigger

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. This article addresses the insuring clause … Continue reading

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Uber, Lyft and other Transportation Network Companies Hitting the Streets in Minneapolis (and further Eroding the Traditional Taxicab Business Model)

A major battle is taking place across the country involving who can — and who cannot – legally give customers a “taxicab” ride. The dispute pits traditional taxicab companies and new, tech savvy companies such as Uber and Lyft that … Continue reading

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