My practice is focused on insurance coverage litigation and disputes, automobile dealership liability and appeals to state and federal appellate courts. I have been AV-Preeminent rated in the Martindale-Hubbell® Bar Register of Preeminent Lawyers® for over 20 years — its highest rating for legal ability and ethics — and have been recognized as a Minnesota Super Lawyer by Minnesota Law & Politics Magazine on several occasions.
Insurance Coverage Disputes
I have analyzed and litigated insurance coverage disputes under a variety of insurance coverage forms including commercial and personal auto, garage liability, transportation network company, trucking, commercial general liability, homeowners, statutory errors and omissions, personal injury, professional liability and directors and officers policies. My insurance coverage services include initial coverage evaluations, responding to coverage denials and reservation of rights, pursuing declaratory judgment actions, breach of contract and bad faith claims, briefing and arguing substantive motions at the district court level and briefing and arguing appeals to state and federal appellate courts.
In addition to my litigation and appellate practice, I have written stand-alone insurance policies, manuscript endorsements, rental contracts for national rental car companies, lease agreements for motor carriers and truckers, loaner and demo agreements for the automobile and truck dealership industry and consumer financing agreements.
Appellate Practice
I have briefed and argued numerous cases to the Minnesota Court of Appeals, Minnesota Supreme Court, United States District Court and Eighth Circuit Court of Appeals, prevailing in 85% of reported decisions. A listing of reported decisions can be found in “Cases.”
Auto Dealership Liability
I grew up in the retail automobile industry. My dad owned an American Motors-Jeep-Renault dealership in western South Dakota in the 1970’s and 1980’s. I have considerable experience in individual and class action lawsuits under consumer credit and privacy laws such as the Truth in Lending Act (TILA), Consumer Leasing Act (CLA), Motor Vehicle Retail Installment Sales Act (MVRISA), Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), Magnusson Moss Warranty Act (MMWA), as well as suits alleging fraud, unfair and deceptive trade practices, unfair competition, wrongful repossession, personal injury and breach of contract.
Although I practice in Minnesota, I am often engaged to serve as a consultant in other jurisdictions in large exposure auto dealer litigation matters and complex dealership insurance coverage disputes.
In addition to my litigation practice, I have drafted consumer credit and privacy disclosure forms, commission plans and provide state and federal regulatory compliance training. A more detailed description of the services I provide can be found on the “services” page.
Publications
I have authored many insurance coverage-related publications and seminar materials. Among others, I authored Contractual Risk Transfer, Hold Harmless and Indemnity Agreements and Additional Insured Coverages (Wells Fargo 2010); Liability Allocation Issues: “Other Insurance” & the Wooddale Home Builder Construction Decision (Insurance Law Institute, Jan. 25, 2007) and The Commercial General Liability Coverage Form: What’s Covered and What’s Not? A Comprehensive Review of Minnesota Case Law Interpreting the Form (NBI 2007).
I have significant knowledge of the Minnesota No-Fault Automobile Insurance Act, which governs residual liability insurance, uninsured and underinsured motorist coverages, no-fault benefits coverages and rental car coverages. While in law school in 1989, I wrote a 225 page long paper entitled Broton and Beyond: Minnesota’s 1985 Underinsured Motorist System. I subsequently incorporated my paper into the UM/UIM Chapter of the 1st, 2nd and 3rd editions of The Minnesota Automobile Insurance Manual which was, in turn, included in a law review article entitled Underinsured Motorist Coverage in Minnesota: Old Precedents in a New Era, 24 Wm. Mitchell L. Rev. 857 (1998). My work has been cited by the Minnesota Supreme Court, Minnesota Court of Appeals and Minnesota federal district court on numerous occasions. The following is a partial listing:
1. Sleiter v. American Family Mut. Ins. Co., 868 N.W.2d 21 (Minn. 2015), citing Underinsured Motorist Coverage in Minnesota: Old Precedents in a New Era, 24 Wm. Mitchell L. Rev. 857, 939 (1998).
2. Pepper v. State Farm Mut. Auto. Ins. Co., 806 N.W.2d 94 (Minn. Ct. App. 2011), citing Underinsured Motorist Coverage in Minnesota: Old Precedents in a New Era, 24 Wm. Mitchell L.Rev. 857 at 902 (1998).
3. West Bend Mut. Ins. Co. v. Allstate Ins. Co., 776 N.W.2d 693 (Minn. 2009), citing Underinsured Motorist Coverage in Minnesota: Old Precedents in a New Era, 24 Wm. Mitchell L.Rev. 857 at 932 (1998).
4. Johnson v. Cummiskey, 765 N.W.2d 652 (Minn. Ct. App. 2009), citing Underinsured Motorist Coverage in Minnesota: Old Precedents in a New Era, 24 Wm. Mitchell L.Rev. 857, 873 (1998).
5. Carlson v. Allstate Ins. Co., 749 N.W.2d 41 (Minn. 2008), citing Underinsured Motorist Coverage in Minnesota: Old Precedents in a New Era, 24 Wm. Mitchell L.Rev. 857, 933 (1998).
6. Mitsch v. American Nat. Property and Cas. Co., 736 N.W.2d 355 (Minn. Ct. App. 2007), citing Underinsured Motorist Coverage in Minnesota: Old Precedents in a New Era, 24 Wm. Mitchell L.Rev., 857, 902 (1998) and UM/UIM Chapter of Minnesota Motor Vehicle Insurance Manual at 401 (3d ed.).
7. Songkhamdet v. American Family Ins. Group., 2006 WL 1229498 (Minn. Ct. App. May 9, 2006), citing UM/UM Chapter of Minnesota Motor Vehicle Insurance Manual, 393 (3d ed.).
8. Behr v. American Family Mut. Ins. Co., 638 N.W.2d 469 (Minn. Ct. App. 2002), citing Underinsured Motorist Coverage in Minnesota: Old Precedents in a New Era, 24 Wm. Mitchell L.Rev. 857, 865–66 (1998).
9. Drentlaw v. Mutual Service Cas. Ins. Co., 2002 WL 109318 (Minn. Ct. App. Jan. 29, 2002), citing UM/UIM Chapter of Minnesota Motor Vehicle Insurance Manual, 419 (3d ed.).
10. Dohney v. Allstate Ins. Co., 632 N.W.2d 598 (Minn. 2001), citing Underinsured Motorist Coverage in Minnesota: Old Precedents in a New Era, 24 Wm. Mitchell L.Rev. 857 at pp. 865–66 (1998).
11. Braginsky v. State Farm Mut. Auto. Ins. Co., 624 N.W.2d 789 (Minn. Ct. App. 2001), citing UM/UIM Chapter of Minnesota Motor Vehicle Insurance Manual, 225 (3rd ed.).
12. Schons v. State Farm Mut. Auto. Ins. Co., 621 N.W.2d 743 (Minn. 2001), citing Underinsured Motorist Coverage in Minnesota: Old Precedents in a New Era, 24 Wm. Mitchell L.Rev. 857, 939 (1998).
13. Johnson v. State Farm Mut. Auto. Ins. Co., 574 N.W.2d 468 (Minn. Ct. App. 1998), citing UM/UIM Chapter of the Minnesota Motor Vehicle Insurance Manual, 335 (2d ed.).
14. In re Appointment of Trustee for Next of Kin of Freitag, 2002 WL 485279 (Minn.Ct. App. 2002), citing Underinsured Motorist Coverage in Minnesota: Old Precedents in a New Era, 24 Wm. Mitch. L.Rev. 857, 924 (1998).
15. Frishman v. Illinois Farmers Ins. Co., 1995 WL 34842 (Minn. Ct. App. Jan. 31, 1995), citing UM/UIM Chapter of Minnesota Motor Vehicle Insurance Manual, 378-79 (1991).
If you have any questions or need assistance, please feel free to contact me at greg@gjohnsonlegal.com or by calling (952) 236-9887 or (612) 718-6908. You can receive future blog posts via email by clicking on the subscription tab in the right hand column of the home page.
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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 necessarily reflect those of the author’s law firm or the author’s past or present clients. By reading it, no attorney-client relationship is formed. The opinions expressed here belong only the individual contributor(s). Gregory J. Johnson ©All rights reserved 2016. hereherehere“Cases
AUTO DEALER + COVERAGE BUZZ 