Category Archives: BAP

MINNESOTA NO-FAULT ACT: WHEN IS AN INJURED CLAIMANT “OCCUPYING” A VEHICLE – “IN,” “ON,” “ENTERING INTO” AND “ALIGHTING FROM”

Posted on October 8, 2017 by Gregory Johnson

By Greg Johnson, Esq. Whether a person is “occupying” (or is an “occupant” of) a motor vehicle is often a significant issue in motor vehicle insurance coverage litigation. Under the Minnesota No-Fault Automobile Insurance Act, the determination of whether an … Continue reading →

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Auto Coverage: Minnesota No-Fault Act Does not Apply to Out-of-State Insurers?

Posted on March 21, 2016 by Gregory Johnson

By Greg Johnson, Esq. In Founders Insurance Company v. Yates, A15-1174 (Minn. Ct. App. Feb. 29, 2016), the Minnesota Court of Appeals recently held that an auto insurer that is not licensed to write motor vehicle insurance in Minnesota (“out-of-state … Continue reading →

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Auto Coverage: Are Household (Family Member) Step-Down Exclusions Void Under Minnesota Law?

Posted on February 29, 2016 by Gregory Johnson

By Greg Johnson. A 2014 decision of the South Carolina Supreme Court decision invalidating a household (a/k/a “family” or “intra-family”) “step-down” (a/k/a “drop-down”) to a personal auto policy caused me to dust off my research from over a decade ago … Continue reading →

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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.

Posted on September 1, 2014 by Gregory Johnson

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 →

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The Graves Amendment: Does it Shield a Taxi-Cab Company from Vicarious Liability?

Posted on August 31, 2014 by Gregory Johnson

By Greg Johnson. Does the federal Graves Amendment apply to insulate taxi-cabs from vicarious liability for the negligence of their drivers? The issue is obviously important in the twelve jurisdictions which by statute impose vicarious liability on the owner of … Continue reading →

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The Graves Amendment: Does it Shield Membership-Based Car Sharing Services from Vicarious Liability?

Posted on August 29, 2014 by Gregory Johnson

By Greg Johnson. Does the Graves Amendment apply to membership-based car-sharing companies like Zipcar? In a previous post, I provided an overview of the Transportation Equity Act of 2005 (49 USC § 30106) (a/k/a “Graves Amendment”), a federal law which … Continue reading →

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The Graves Amendment: Is an Auto Dealer Vicariously Liable for a Customer’s Negligent Operation of a Loaner Vehicle?

Posted on August 27, 2014 by Gregory Johnson

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 →

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Odd Federal Graves Amendment Case: to Avoid Vicarious Liability Owner of Vehicle Must Prove its Affiliate was also Free of Negligence.

Posted on August 26, 2014 by Gregory Johnson

By Greg Johnson. In Stratton v. Wallace, 11-CV-74-A HKS, 2014 WL 3809479 (W.D.N.Y. Aug. 1, 2014), the court came to an odd result under the Graves Amendment (Transportation Equity Act of 2005 (49 USC § 30106)), a statute intended to … Continue reading →

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Leasing, Rentals and Vicarious Liability: An Overview of the Graves Amendment

Posted on August 26, 2014 by Gregory Johnson

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 →

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Auto Claims & Self Insured Retentions (“SIR”): Does the SIR Constitute “Insurance” ?

Posted on November 5, 2010 by Gregory Johnson

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 →

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