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Category Archives: BAP
Commercial Auto: Owner of Semi-Trailer not Vicariously Liable for Negligent Operation of Semi-Truck.
What definition of “motor vehicle” applies when determining whether the Minnesota motor vehicle vicarious liability law applies? The Minnesota Court of Appeals addressed the issue in late 2009. By 2005, only eleven states imposed vicarious liability on the owner of … Continue reading
Posted in BAP, Coverage
Tagged Graves Amendment, Gregory J. Johnson, Insurance Law, Motor vehicle, Semi-Trailer, Vicarious liability
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Commercial & Personal Auto: Vicarious Liability not Limited to Negligent Operation of Vehicle
By Greg Johnson. Every once in a while, while putting together a blog post on a particular issue, I run across a case that doesn’t fit into the post I am putting together, but is nonetheless interesting. Here’s an oldie, … Continue reading
Posted in BAP, Coverage, PAP
Tagged Gregory J. Johnson, Insurance Law, Vicarious liability
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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
Reducing Defense Costs: “High-Low Coverage Agreements”
I was dusting off some old seminar materials and ran across an article I had written back in 1995 regarding the use of high-low coverage agreements. In light of the economy and insurer’s efforts to save costs, the article is perhaps even … Continue reading
Posted in Auto Dealer, BAP, CGL, Coverage
Tagged Defense Fees, Gregory J. Johnson, High-Low Agreements, Insurance, Insurance Law
1 Comment
Minnesota Coverage Law: Criminal Acts Exclusion
In Progressive Northern Ins. Co. v. McDonough, ___ F3rd____ (8th Cir. 2010) (applying Minnesota law), the Eighth Circuit Court of Appeals recently interpreted a criminal acts exclusion in an auto policy to bar coverage. After a night of drinking, Morelli … Continue reading
Minnesota Adopts “Equitable Contribution” to Apportion Defense Fees
Last week, the Minnesota Supreme Court overruled, finally, the archaic “Iowa National” rule. Iowa National prohibited a defending liability insurer from seeking contribution or reimbursement of attorney’s fees and costs from other liability insurers who refused to defend. In Iowa National Mutual Insurance Co. v. Universal … Continue reading
Negotiated Medical Payments are Collateral Sources says Minnesota Supreme Court
In Swanson v. Brewster, Ct. File AO8-8O6, a decision of the Minnesota Supreme Court released on June 29, 2010, the court held that negotiated-discount amounts—amounts a plaintiff is billed by a medical provider but does not pay because the plaintiff’s … Continue reading
Posted in BAP, CGL, Coverage
Tagged CGL Coverage, Commercial Liability Coverage, Gregory J. Johnson, Insurance Law
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Lost Policies: Burdens of Proof
What happens when you cannot find an old liability insurance policy? Here’s a few ground rules. It is well established that the burden of demonstrating liability coverage rests upon the insured. See, e.g., Domtar, Inc. v. Niagara Fire Ins. Co., … Continue reading
Posted in BAP, CGL, Coverage
Tagged CGL Coverage, Commercial Liability Coverage, Gregory J. Johnson, Insurance Law, Lost Policies
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