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Category Archives: ADCF Policy
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
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
Oops!! Self-Insured Owner of Rental Vehicle that had no Obligation to Afford Omnibus Coverage to Permissive Users not entitled to recover $260,000 Settlement Payment.
By Greg Johnson. In an unusual twist, a rental car company insisted it was obligated to pay damages to a third party who was injured by the permissive operator of its rental vehicle and the renter maintained it was not. … Continue reading
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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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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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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Auto Claims & Self Insured Retentions (“SIR”): Does the SIR Constitute “Insurance” ?
By Greg Johnson. The determination of whether a self-insured retention (SIR) constitutes “insurance” within the meaning of an “other insurance” clause of another policy generally depends on the particular circumstances presented. See, e.g., Champlain Cas. Co. v. Agency Rent-A-Car, Inc., … Continue reading
Posted in ADCF Policy, BAP, CGL, Coverage, PAP
Tagged Auto Insurance, Gregory J. Johnson, Insurance Law, Rental Car, Self Insured Retention, Vehicle insurance
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