- Follow AUTO DEALER + COVERAGE BUZZ on WordPress.com
- Minnesota Auto Coverage: Supreme Court holds that Non-Licensed Insurers Must Pay Minnesota Benefits Too
- Minnesota First-Party Coverages: Recovering Consequential Damages in Addition to the Policy Benefits when the Insurer Declines or Unreasonably Delays Payment.
- Auto Coverage: Minnesota No-Fault Act Does not Apply to Out-of-State Insurers?
- Guest Article Jim Ragodna: Compliance vs. Ethics: The Lines are Getting Blurry in the Car Business
- The Liability Insurer’s “Hidden” Duty to Defend– the Obligation to Pay for its Insured’s Affirmative Claims.
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
- Auto Dealer-Arranged Financing and the Truth in Lending Act: Understanding the Basics
- Leasing, Rentals and Vicarious Liability: An Overview of the Graves Amendment
- 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.
- Loss of Use: Is the At-Fault Driver's Insurer Required to Provide a "Comparable" Rental Vehicle?
- Insurance: Economic & Intangible Losses (Lost Profits, Idle Time, Increased Overhead, Liquidated Damages, Diminution in Value & Suppressed Rentals, Etc.
- 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.
- Minnesota Car Rental: Handling BI/PD, UM/UIM & Rental Vehicle Damage Claims
- Should an Auto Dealer Insurer Defend an Auto Dealer Against “Intentional” Violations of Credit Sale and Leasing Disclosure Laws?
- Auto Dealers & Regulatory Compliance: If the FTC Comes Knocking
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- KBB: Q1 Sales Likely Second Highest on RecordThe vehicle valuation site said the industry should sell 1.63 million units in March, which would bring first quarter sales to 4.1 million units. That would be the second highest first quarter sales tally on record.
- Clarivoy Seeks Dealers for Attribution StudyClarivoy has launched a survey of auto dealers to support a study on auto retail marketing investments.
- defi SOLUTIONS Completes RouteOne's Econtracting Certificationdefi SOLUTIONS's loan origination system is now certified for econtracting with RouteOne. Finance sources utilizing defi’s LOS will now benefit from a streamlined econtracting implementation process.
- F&I Digital Media Awards Submission Deadline ExtendedDealers, agents, product providers, marketers and manufacturers can submit entries by April 28.
- N.Y.’s Major World Charged with Predatory Sales and Finance PracticesThe Department of Consumer Affairs (DCA) has filed charges against Queens-based Major World and its three used-vehicle dealerships for allegedly employing deceptive financing and sales practices that targeted low-income and immigrant consumers.
- CFPB Fines Experian $3 Million for Deceiving Consumers About Credit ScoresThe Consumer Financial Protection Bureau took action against Experian and its subsidiaries for falsely claiming in advertisements that credit scores it offers and provides to consumers are used by finance sources to make credit decisions.
- 5 Ways Trump Can Alter FinanceAuto dealer regulations face an uncertain future under the Trump presidency. Two California-based attorneys take a look at the road ahead for the CFPB, the FTC, and state regulators.
- Kontos: Used-Vehicle Prices Soften 'Uncharacteristically' in FebruaryFebruary provided “further concrete evidence of softening” of used-vehicle prices, ADESA's Tom Kontos wrote in his monthly Kontos Kommentary.
- Black Book: Cars Continue to Outperform Truck SegmentThis week’s Black Book Market Insights report shows the car segment retaining its value better than the truck segment as a whole. However, compact vans saw their values strengthen by 1.17%, outperforming all other vehicle segments.
- KAR Doubles Down on TradeRevKAR Auction Services extended $15 million in credit to TradeRev, the digital auction platform in which KAR acquired a 50% stake in 2014.
- KBB: Q1 Sales Likely Second Highest on Record
- Mex Rent A Car Partners With Rentcars.comMex Rent A Car has officially partnered with Rentcars.com, a car rental price comparison site based in Latin America.
- Autoclick Rent-A-Car Now Serves 25 Airports in EuropeAutoclick Rent-A-Car has expanded and now offers its vehicle rental services at 25 airports throughout Europe.
- Enterprise Increases Support of Collision Repair SocietyEnterprise Holdings has upgraded to a corporate member of the Society of Collision Repair Specialists (SCRS). Enterprise has held a company membership with SCRS since 2013.
- Rate Pros Appoints New PresidentRate Pros, a provider for rental rate management, analysis and pricing programs in the travel industry, has appointed Shona Nabity as president.
- Montpelier Ends Carsharing Pilot ProgramCarShare Vermont’s carsharing pilot will end after operating for two years in Montpelier.
- ReachNow Expands Service in PortlandBMW's ReachNow has expanded its carsharing service’s home area in Portland, Ore.
- Fox Acquires Carsharing PlatformFox Rent A Car has acquired a carsharing platform developed by JustShareIt (JSI). Currently, the carsharing service will only be available at Los Angeles International Airport but will expand to other Fox corporate locations within a few months.
- Auto Recalls Reach 53.2 Million in 2016Automakers recalled a record 53.2 million vehicles last year in the United States, according to the National Highway Traffic Safety Administration (NHTSA). In 2015, 51.2 million vehicles were affected by recalls.
- car2go Updates Carsharing Fleet in Columbuscar2go has announced that its carsharing fleet in Columbus will now feature the latest version of the smart model as well as new car2go technology.
- Mobile Software Reduces Vehicle Damage ExpensesInspectionNotes from Automobile Technologies enables rental agents to perform mobile vehicle inspections by taking photos and documenting any damage on a mobile phone or tablet.
- Mex Rent A Car Partners With Rentcars.com
- Hailstorms Slam Parts of North TexasThunderstorms, producing up to softball size hail, pounded several cities north of Dallas/Fort Worth metroplex Sunday night causing extensive damage, the Insurance Council of Texas reported. Thousands of homeowner and auto claims had already been reported by sunrise. The entire insured …
- South Dakota Speeding Tickets Rise Along with 80 mph LimitThe number of speeding tickets issued by South Dakota state troopers has gone up since the state’s top speed limit increased from 75 mph to 80 mph nearly two years ago. According to an analysis of ticket data by the …
- Another Mag 4.0 Quake, 3 Smaller Ones Strike OklahomaThe U.S. Geological Survey reports a magnitude 4.0 earthquake and three smaller temblors have struck Oklahoma. The survey reported that the magnitude 4.0 quake hit on March 25 south of Medford in north-central Oklahoma. Three smaller temblors — with magnitudes …
- 466 Tons of Breaded Chicken Product Recalled by Oklahoma CompanyAn Oklahoma food company is recalling more than 466 tons of breaded chicken because of possible metal in the food. The U.S. Department of Agriculture said OK Food Inc. is recalling 933,272 pounds of the food shipped nationwide that was …
- Uber Resuming Autonomous Car Program After CrashDriverless vehicles operated by Uber Technologies Inc. were back on the road in San Francisco on Monday after one of its self-driving cars crashed in Arizona, the ride-hailing company said. Uber’s autonomous vehicles in Arizona and Pittsburgh, Pennsylvania, remained grounded …
- New Mexico Lawsuit Challenges County’s Frack Sand BanA group of New Mexico property owners has sued Winona County over its ban on industrial mining of silica sand for use in hydraulic fracturing. The Southeast Minnesota Property Owners joined Saratoga Township resident Roger Dabelstein in filing the lawsuit …
- Montana Lawmakers Table Privatization of $1.6B Workers’ Comp FundMontana lawmakers have tabled a proposal seeking to dismantle and privatize the state’s massive workers’ compensation system, saying the matter is too daunting to take up in the waning days of the legislative session. Instead, a Senate Committee decided to …
- John F. Sullivan Jr. Loved the Insurance BusinessJohn F. Sullivan Jr. had a passion for insurance, doing business and sailing. Jack Sullivan died on March 19 at age 83 after a long career in insurance. Jack was born Oct. 7, 1933 in Spokane, Wash. to John F. …
- Mother And Son in California Sentenced for Auto Insurance Fraud SchemeA California mother and son were sentenced for auto insurance fraud. Henrietta Silva, 71, and her son, Peter Silva, 42, were sentenced in the San Diego Superior Court after submitting multiple fraudulent auto insurance claims. Henrietta Silva was sentenced to …
- Worst Cyclone in 6 Years Set to Pummel Coast of Queensland, AustraliaThe worst cyclone in six years is set to smash into the coast of Queensland on Tuesday morning, forcing thousands of Australians to evacuate or seek emergency shelter and prompting some of the world’s biggest miners to halt coal operations. …
- Hailstorms Slam Parts of North Texas
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