Category Archives: Bad Faith

Minnesota First-Party Coverages: Recovering Consequential Damages in Addition to the Policy Benefits when the Insurer Declines or Unreasonably Delays Payment.

By Greg Johnson, Esq. Sometimes an unpublished appellate decision has some important rulings. In Swanny of Hugo, Inc. v. Integrity Mutual Ins. Co., 2015 WL 9437571 (Minn. Ct. App. 2015), the Minnesota Court of Appeals addressed the issue of whether … Continue reading

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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  This article summarizes the reported case law, all from the Minnesota Court of Appeals and all opinions unpublished.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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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

Posted in ADCF Policy, Auto Dealer, Bad Faith, Consumer Leasing Act, Directors & Officer's Liability, Duty to Defend, Duty to Indemnify, Errors & Omissions, Expected Injury Exclusion, Fraud Exclusions, Intentional Injury Exclusion, Professional Liability, Truth in Lending Coverage | Leave a comment

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

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