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- MINNESOTA NO-FAULT ACT: WHEN IS AN INJURED CLAIMANT “OCCUPYING” A VEHICLE – “IN,” “ON,” “ENTERING INTO” AND “ALIGHTING FROM”
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- Protecting the Dealership's "Front-End" and "Back-End": What Does that Mean?
- Rental Car Coverage: Diminution in Value, Loss of Use & Loss Damage Waiver (LDW) -- the Basics
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- Leasing, Rentals and Vicarious Liability: An Overview of the Graves Amendment
- Loss of Use: Is the At-Fault Driver's Insurer Required to Provide a "Comparable" Rental Vehicle?
- The Graves Amendment: Does it Shield Membership-Based Car Sharing Services from Vicarious Liability?
- Yikes!! Self-Insured Enterprise Rent-A-Car Required to pay $600,000 on behalf of Renter even though Insurer’s Maximum Liability would have been $50,000.
- Minnesota Car Rental: Handling BI/PD, UM/UIM & Rental Vehicle Damage Claims
- Minnesota No-Fault Coverage: “Stacking” the Weekly Rate-of-Pay-Limit
- The Auto Dealer Liability Policy: Analyzing Coverage for Statutory Acts, Errors or Omissions Claims (TILA, CLA, FCRA, ECOA, FTC, GLB, CFA & UDTPA)
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Category Archives: CGL
The Liability Insurer’s “Hidden” Duty to Defend– the Obligation to Pay for its Insured’s Affirmative Claims.
By Greg Johnson. The typical liability insurance policy requires the insurer to “defend” the insured (i.e., dealership) if it is sued by a third-party on a claim covered by the policy. Often, the “defense” feature of a liability policy is … Continue reading
Posted in ADCF Policy, Auto Dealer, CGL, Coverage, Duty to Defend
Tagged Gregory J. Johnson
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The Auto Dealer’s Coverage Form (ADCF) Policy: No Coverage for Violations of Prior Damage Disclosure Statutes.
In 2013, Insurance Services Office (ISO) rolled out its new Auto Dealers Coverage Form (ADCF) Policy. The ADCF Policy replaces the Garage Liability (GL) Policy which had been available for decades. One of the most major differences between the GL … Continue reading
Known Injury or Damage Exclusion not Applicable in Case of Continuing and Progressive Water Infiltration Resulting from Defective Construction
I recently posted an article, CGL Coverage: “Known Injuries or Damages” in Minnesota and Beyond”, addressing the “Known Injury or Damage” provision in CGL policies. In August 2014, the Connecticut Supreme Court addressed the provision in the context of a … Continue reading
Insurance: Known Injuries or Damages
By Greg Johnson. There has been a tremendous amount of construction defect litigation in Minnesota over the past fifteen years which has had a major impact on both the construction and insurance industries. In an effort to slow the tide, … Continue reading
Insured’s Investigation and Overhead Expenses Not Covered by Policy
Every once in awhile a policyholder asks whether the costs it incurred in addressing a third-party property damage claim, such as inspection costs, personnel costs, overhead costs and attorneys’ fees are covered by its Commercial General Liability (“CGL”) policy. Unless the costs qualify … Continue reading
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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Insurance: Economic & Intangible Losses (Lost Profits, Idle Time, Increased Overhead, Liquidated Damages, Diminution in Value & Suppressed Rentals, Etc.
Faulty workmanship can produce several different types of injuries in addition to the typical claim involving physical injury to other property. Faulty or defective work can cause, and contractors may be confronted with claims alleging, numerous types of economic and … Continue reading
CGL Coverage:”Your Work” Exclusion Comes Full Circle — Deletion of Subcontractor Exception
By Greg Johnson. It’s back to square one for some residential contractors. In Grinnell Mutual Reinsurance Co. v. Wollak Construction, Inc., Civ. File No. 10-350 (RHK/LIB) (D. Minn. 10/15/2010), the federal district court, applying Minnesota law, held that the “your … 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
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CGL Coverage: Latent Defects and Continuous, Progressive or Recurring Damages (Allocation of Liability)
By Greg Johnson. Which CGL policy (or policies) will apply in a property damage claim involving continuing, progressive or recurring damages? Whether the underlying claim is one of environmental liability, asbestos, construction defect or products liability, claims involving damages which extend … Continue reading
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