Category Archives: Coverage

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


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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MN AUTO COVERAGE: NON-EXISTENT POLICY EXCLUSIONS, CONFORMITY CLAUSES & THE NO-FAULT ACT


By Greg Johnson, Esq. Every once in a while, a Minnesota motor vehicle insurer will claim that its policy incorporates an exclusion or limitation authorized by the No-Fault Act, but not found in the policy, to defeat coverage for a … Continue reading

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Minnesota No-Fault Coverage: “Stacking” the Weekly Rate-of-Pay-Limit


By Greg Johnson, Esq. The Minnesota No-Fault Automobile Insurance Act requires that every policy issued in Minnesota afford “a minimum of $40,000 for loss arising loss arising out of the injury of any one person, consisting of: (1) $20,000 for … Continue reading

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G Johnson Law: Neutral Insurance Coverage Evaluations


Mr. Johnson provides neutral insurance coverage evaluations in Minnesota. This is a form of non-binding, alternate dispute resolution where disputing parties agree to submit their coverage positions to a subject expert in writing to evaluate whether coverage exists for a … Continue reading

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Minnesota Auto Coverage: Supreme Court holds that Non-Licensed Insurers Must Pay Minnesota Benefits Too


By Greg Johnson, Esq. The Minnesota Supreme Court recently issued its decision in Founders Ins. Co. v. Yates, No. A15-1174, 2016 WL 7118918 (Minn. Dec. 7, 2016), a case I handled at the Supreme Court level on behalf of Yates. … Continue reading

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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 Sometimes an unpublished appellate decision has some important rulings.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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Auto Coverage: Minnesota No-Fault Act Does not Apply to Out-of-State Insurers?


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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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

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Minnesota Supreme Court Rules in Nissan Dealer Relocation Case under MVSDA


By Greg Johnson. The Minnesota Supreme Court recently issued a decision interpreting the Minnesota Motor Vehicle Sale and Distribution Act (“MVSDA”), Minn. Stat. §§ 80E.01 .17 (2014). In Wayzata Nissan LLC v. Nissan North America, Inc., Case No. A14-1652 2016 … Continue reading

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


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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