Category Archives: ADCF Policy

Commercial & Personal Auto: Permissive Use, Omnibus Coverage & Split Liability Limits


I often receive questions regarding the “rules” which apply to accidents involving rental vehicles, loaner vehicles, leased vehicles, demos, spot-delivered vehicles, etc.  I thought I’d take some time to update some of my seminar materials and provide an update.   … Continue reading

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Liability Insurance: The Risks of Denying a Duty to Defend


By Greg Johnson. Deciding whether to defend the insured in a third-party lawsuit (which generally involves a comparison between the allegations of the complaint and the policy), can be simple, complex or somewhere in between.  Regardless, insurers should always factor in the potential risks … Continue reading

Posted in ADCF Policy, Bad Faith, Coverage, Duty to Defend, Duty to Indemnify | Tagged , , , , , , , , , , , | Leave a comment

Employee Dishonest Acts Not Covered by Fidelity Bond


A federal district court in Wisconsin recently ruled that losses a mortgage lender incurred as a result of having to repurchase loans that were issued through the dishonest acts of an employee and went into default were not covered by … Continue reading

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

Pro-Rata Time on the Risk: An Insured’s Contribution Obligation


Wooddale Builders, Inc. v. Maryland Cas. Co., 722 N.W.2d 283 (Minn. 2006) is the leading construction defect case in Minnesota.  The case involved several insurers (I represented West Bend) and over eighty separate water intrusion claims.  In that case, the court recognized, … Continue reading

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Can a Claims Adjuster’s Conduct/Statements Bar an Insured’s Affirmative Defenses?


Can an insured be estopped to assert a statute of limitations defense based on the conduct or statements of a liability insurance claims adjuster?  Possibly. It has been held that a liability insurer can act as the insured’s agent when adjusting claims arising … Continue reading

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