- Follow AUTO DEALER + COVERAGE BUZZ on WordPress.com
- MINNESOTA NO-FAULT ACT: WHEN IS AN INJURED CLAIMANT “OCCUPYING” A VEHICLE – “IN,” “ON,” “ENTERING INTO” AND “ALIGHTING FROM”
- MN AUTO COVERAGE: NON-EXISTENT POLICY EXCLUSIONS, CONFORMITY CLAUSES & THE NO-FAULT ACT
- Minnesota No-Fault Coverage: “Stacking” the Weekly Rate-of-Pay-Limit
- G Johnson Law: Neutral Insurance Coverage Evaluations
- Minnesota Auto Coverage: Supreme Court holds that Non-Licensed Insurers Must Pay Minnesota Benefits Too
DisclaimerThis blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not reflect those of the author’s law firm or the author’s past and present clients. By reading it, no attorney-client relationship is formed. The law is constantly changing and is different in each jurisdiction. If you want legal advice, please consult an attorney. The opinions expressed here belong only to the individual contributor(s). Gregory J. Johnson © All rights reserved 2015.
Top Posts & Pages
- Loss of Use: Is the At-Fault Driver's Insurer Required to Provide a "Comparable" Rental Vehicle?
- Protecting the Dealership's "Front-End" and "Back-End": What Does that Mean?
- 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.
- Dealership Arranged Financing: The Indirect Auto Lending Process
- Guest Article Jim Ragodna: Compliance vs. Ethics: The Lines are Getting Blurry in the Car Business
- Hey Dealer, Can I Get a Loaner?
- The Comprehensive Guide to the 2013 Auto Dealer’s Coverage Form: “Acts, Errors or Omissions” Coverage for Violations of Federal and State Consumer Protection Statutes Affecting the Auto Dealer’s F&I Department Operations.
- Leasing, Rentals and Vicarious Liability: An Overview of the Graves Amendment
- Auto Dealer-Arranged Financing and the Truth in Lending Act: Understanding the Basics
- Liability Insurance: The Risks of Denying a Duty to Defend
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- J.D. Power: Wholesale Prices Decline in JuneJune wholesale prices for used vehicles up to eight years in age fell by an average of 0.9% compared to May. Losses at the segment level were less than historic norms across the board on both the mainstream and premium sides of the market, the firm said.
- Manheim Sees Record-Level Digital Adoption in First HalfThe company reported that 45% of vehicles sold in the first half were to digital buyers on Manheim.com. The firm also detailed enhancements it’s planning to make to the Manheim Marketplace over the next few months.
- Penske to Install Reynolds docuPAD in All StoresPenske said today it intends to integrate electronic document management to improve workflow and efficiency and install the Reynolds docuPAD system in F&I departments across more than 120 Penske dealerships.
- Dent Wizard Acquires Image AutoDent Wizard International has acquired Image Auto, a regional provider of recon and wheel repair services.
- Wheel's Auto, Monroneylabels.com Team Up on New Monroney Label HoldersWheel’s Automotive Dealer Supplies Inc. and Monroneylabels.com have teamed up to jazz up the Monroney Label and add a little merchandising punch to the mandated sheet of paper.
- AutoGravity Names New CEO, CTOAlex Mallman, who most recently served as president and CEO of Mercedes-Benz Auto Finance China, replaces AutoGravity’s co-founder and CEO Andy Hinrichs, who left in May, according to the Orange County Business Journal.
- HyreCar Partners With DriveItAwayA new strategic partnership between HyreCar and DriveItAway was designed to extend a turnkey carsharing solution to auto dealers across the country.
- GoMoto Announces Integration With AutosoftThe software firm's Virtual Service Advisor is now integrated with Autosoft's DMS. GoMoto users can now open repair orders, update customer appointments and information, and offer trade appraisals and upsell every customer.
- Ally, NAMAD Honor Rising Auto Retail Leader With Inaugural 'Ally Sees Her' AwardAlly and the National Association of Minority Automobile Dealers honored Karmala Sutton, a dealer in training at Honda of Kenosha in Bristol, Wis.
- KEEPS Founder Ray Branch RetiresVernon ‘Ray’ Branch, founder of fixed ops solutions provider KEEPS Inc., has retired at the end of a 25-year run.
- J.D. Power: Wholesale Prices Decline in June
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Category Archives: Duty to Defend
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
By Greg Johnson. Everyone in the retail automobile industry is familiar with the terms “front-end” and “back-end.” They represent two sources of potential revenue (and, hopefully, profit) for auto dealerships: The “front-end” refers to revenue realized on the sale of … Continue reading
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
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
Many states recognize that a liability insurer is not obligated to pay for the defense of a claim until it is notified of the suit. See, e.g., Home Ins. Co. v. National Union Fire Ins. of Pittsburgh, 658 N.W.2d 522, … Continue reading
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
In Builders Mutual v. R Design, 2010 WL 2079741 (D.S.C.), a federal district court in South Carolina found no coverage exists under a CGL policy, despite “resulting damage,” when the general contractor performed faulty work and left in the middle of the … Continue reading